In determining the place of residence the following rules are to be observed:
(a)There can only be one residence.
(b)A residence is the place where a person remains when not called elsewhere for labor or other special or temporary purpose, and to which the person returns in seasons of repose.
(c)A residence cannot be lost until another is gained.
(d)The residence can be changed only by the union of act and intent.
(e)A man
or woman may establish a residence. A woman’s residence shall not be derivative from that of the woman’s husband.
(f)The residence of the parent with whom an unmarried minor child maintains the child’s place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, the minor’s residence is that of the parent with whom the minor maintained the minor’s last place of abode, provided the minor may establish a residence when both parents are deceased and a
legal guardian has not been appointed.
(g)The residence of an unmarried minor who has a parent living cannot be changed by the minor’s own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control.
(h)A person who is not a citizen or national of the United States, including one who is an unmarried minor, may establish a residence, unless precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States.
(i)The residence of an unmarried minor who is not a citizen or national of the United States shall be derived from the minor’s parents pursuant to the provisions of subdivisions (f) and
(g).
Notes of Decisions
Regents of Univ. Of Calif. v. Superior Court, 90 Cal. Daily Op. Serv. 8628 (Cal. Ct. App. 1990).
· cites it 3× “” (Ed. Code, § 68062, subd. (h).) The Chancellor of the California State University asked the Attorney General whether, under this new statute, “undocumented aliens”—i.”
Carlson v. Reed, 249 F.3d 876 (9th Cir. 2001).
· cites it 3× “California’s policy preventing such aliens from establishing permanent residence is the very burden contemplated by Congress in the establishment of TN/TD immigration status in the first instance.”
Am. Assn. of Women v. Bd. of Trs., 95 Cal. Daily Op. Serv. 455 (Cal. Ct. App. 1995).
· cites it 4× “Education Code section 68062, subdivision (h) precludes undocumented alien students from qualifying as residents of California for tuition purposes; and 2.”
Nicole Carlson v. Charles B.., 249 F.3d 876 (9th Cir. 2001).
· cites it 3× “Accordingly, California Education Code section 68062 does not violate the Supremacy Clause.”
People v. Gonzalez-Buttner CA4/1 (Cal. Ct. App. 2023).
“63, 66 [finding the term ambiguous and concluding the case did not require the court “to interpret the word ‘residence’ as used in the statute or to consider whether it means the same thing as domicile, dwelling, abode, or habitation”]; Ed. Code, § 68062 [defining residence…”
— Cal. Education Code § 68062(h) — 3 cases
Carlson v. Reed, 249 F.3d 876 (9th Cir. 2001).
“California’s policy preventing such aliens from establishing permanent residence is the very burden contemplated by Congress in the establishment of TN/TD immigration status in the first instance.”
Regents of Univ. Of Calif. v. Superior Court, 90 Cal. Daily Op. Serv. 8628 (Cal. Ct. App. 1990).
“” (Ed. Code, § 68062, subd. (h).) The Chancellor of the California State University asked the Attorney General whether, under this new statute, “undocumented aliens”—i.”
Nicole Carlson v. Charles B.., 249 F.3d 876 (9th Cir. 2001).
“Accordingly, California Education Code section 68062 does not violate the Supremacy Clause.”
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