U.S. Code » Title 22 » Chapter CHAPTER 38— DEPARTMENT OF STATE

22 U.S.C. § 2705

Documentation of citizenship

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The following documents shall have the same force and effect as proof of United States citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction:(1) A passport, during its period of validity (if such period is the maximum period authorized by law), issued by the Secretary of State to a citizen of the United States.(2) The report, designated as a “Report of Birth Abroad of a Citizen of the United States”, issued by a consular officer to document a citizen born abroad. For purposes of this paragraph, the term “consular officer” includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.(Aug. 1, 1956, ch. 841, title I, § 33, as added and renumbered title I, Pub. L. 97–241, title I, § 117, title II, § 202(a), Aug. 24, 1982, 96 Stat. 279, 282; amended Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2222(a), Oct. 21, 1998, 112 Stat. 2681–818.)Editorial NotesPrior Provisions

A prior section 33 of act Aug. 1, 1956, was renumbered section 34 by section 117 of Pub. L. 97–241, and subsequently renumbered, and set out as a Short Title of 1956 Amendment note under section 2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654.

Amendments

1998—Par. (2). Pub. L. 105–277 inserted at end “For purposes of this paragraph, the term ‘consular officer’ includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.”

Statutory Notes and Related SubsidiariesRecord of Place of Birth for Taiwanese-Americans

Pub. L. 103–236, title I, § 132, Apr. 30, 1994, 108 Stat. 395, as amended by Pub. L. 103–415, § 1(r), Oct. 25, 1994, 108 Stat. 4302, provided that: “For purposes of the registration of birth or certification of nationality or issuance of a passport of a United States citizen born in Taiwan, the Secretary of State shall permit the place of birth to be recorded as Taiwan.”

Notes of Decisions
Cited in 43 cases (7 in the last 5 years), 1984–2026 · leading case: United States v. Claudia Marquez Moreno, 727 F.3d 255 (3rd Cir. 2013).
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United States v. Claudia Marquez Moreno, 727 F.3d 255 (3rd Cir. 2013). · cites it 23× “citizenship under 22 U.S.C. § 2705 . For this reason, she alleges that the government failed to prove lack of citizenship and that the District Court erred in 2 denying her motion for acquittal.”
Robert L. Magnuson, Pers. Rep. of Charles Vernon Myers v. James Baker, Sec'y of State United States of Am., 911 F.2d 330 (9th Cir. 1990). · cites it 16× “The district court concluded that 22 U.S.C. § 2705 , which states that a passport has “the same force and effect” as certificates of naturalization or citizenship issued by the Attorney General or a court of naturalization jurisdiction, would be nullified if the Secretary could…”
Zivotofsky v. Kerry, 135 S. Ct. 2076 (2015). · cites it 4× “See 22 U. S. C. §2705 (2). Although such persons have possessed a statutory right to citizenship at birth for much of this country’s history,7 the process by which that citizenship is evidenced has varied over time.”
Hizam v. Kerry, 747 F.3d 102 (2d Cir. 2014). · cites it 3× “” 22 U.S.C. § 2705 ; see also 8 U.S.C. § 1401 (delineating the circumstances under which an individual born abroad acquires U.”
Chacoty v. Pompeo, 392 F. Supp. 3d 1 (D.C. Cir. 2019). · cites it 2× “See 22 U.S.C. § 2705 (2) ; 8 U.S.C. § 1504 (a) ; see also Xia v.”
Stanley Russell Scales, Jr. v. Immigr. & Naturalization Serv., 232 F.3d 1159 (9th Cir. 2000). · cites it 2× “This statement in Magnuson , however, was in the context of the court’s construction of 22 U.S.C. § 2705 , which provides that a passport issued by the Secretary of State has "the same force and effect as proof of United States citizenship as certificales of naturalization or of…”
United States v. Clarke, 628 F. Supp. 2d 15 (D.D.C. 2009). · cites it 3× “In response, the government contends that the 2000 passport — which does bear Maharaj’s signature — stands on its own, based on 22 U.S.C. § 2705 , although conceding that the 1995 passport is not valid because it lacked the necessary signature.”
Villanueva, 19 I. & N. Dec. 101 (BIA 1984). · cites it 4× “On appeal, the petitioner argues that the district director erred by failing to consider the petitioner's United States passport as conclusive proof of his United States citizenship, as required by 22 U.S.C. § 2705 (1982). Based upon the following analysis of this stat- ute, we…”
Mondaca-Vega v. Holder, 718 F.3d 1075 (9th Cir. 2013). · cites it 2× “See 22 U.S.C. § 2705 (stating a valid passport “shall have the same force and effect as proof of United States citizenship as certificates of naturalization or of citizenship”); Lim, 431 F.”
Kelso v. U.S. Dep't of State, 13 F. Supp. 2d 1 (D.D.C. 1998). · cites it 3× “- To be sure, 22 U.S.C. § 2705 provides that a passport has the “same force and effect as proof- of United States citizenship; as certificates of naturalization or of -citizenship issued by the Attorney General or by a court having naturaliza *4 tion jurisdiction.”
Atem v. Ashcroft, 312 F. Supp. 2d 792 (E.D. Va. 2004). · cites it 3× “10 In an attempt to circumvent this result, Atem relies on 22 U.S.C. § 2705 and the Ninth Circuit’s decision in Magnuson v.”
Alzokari v. Pompeo, 973 F.3d 65 (2d Cir. 2020). “22 U.S.C. § 2705 (2). It “may only be issued by a consular officer,” who will “issue the report if satisfied that the claim to nationality has been established.”
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