Originally posted by yeahright
Even IF Obama was born in Kenya, since his mom was a US citizen, he's a US citizen. Documentation of US Citizens Born Abroad.

BERG v. OBAMA et al
Plaintiff Philip J. Berg alleged that Defendant Barack Obama is not eligible for the Office of the President because Obama lost his U.S. citizenship when his mother married an Indonesian citizen and naturalized in Indonesia.

Plaintiff further alleged that Obama followed her naturalization and failed to take an oath of allegiance when he turned 18 years old to regain his U.S. citizenship status.

Plaintiff: PHILIP J. BERG
Defendant: BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE, THE FEDERAL ELECTION COMMISSION and DOES 1-50 INCLUSIVE

Case Number: 2:2008cv04083
Filed: August 21, 2008

Court: Pennsylvania Eastern District Court
Office: Other Statutory Actions Office [ Court Info ]
County: Montgomery
Presiding Judge: HONORABLE R. BARCLAY SURRICK

Nature of Suit: Other Statutes - Other Statutory Actions
Cause: U.S. Government Defendant
Jurisdiction: U.S. Government Defendant
Jury Demanded By: 28:2201 Injunction

Available Case Documents
Some selected documents for this case are included below.
Date Filed # Document Text
August 21, 2008 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 951001.), filed by PHILIP J. BERG.(tj, )

August 21, 2008 2 MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR EXPEDITED DISCOVERY filed by PHILIP J. BERG,MEMORANDUM. (Attachments: # 1 Memorandum)(tj, )

August 22, 2008 4 ORDER THAT UPON CONSIDERATION OF PLAINITFF'S MOTION FOR TEMPORARY RESTRAINING ORDER (DOC. NO. 2) AND AFTER HAVING A HEARING IN OPEN COURT IT IS ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 8/22/08. 8/22/08 ENTERED AND COPIES FAXED FROM CHAMBERS. (jpd)

August 22, 2008 5 Acceptance of Service by U.S. Attorney Re: accepted summons and complaint for THE FEDERAL ELECTION COMMISSION on 8/22/2008, answer due 10/21/2008. (jpd)

September 2, 2008 6 Praecipe for Reissuance of Summons by PHILIP J. BERG. (BERG, PHILIP) Modified on 9/3/2008 (le, ).

September 9, 2008 7 Affidavit of Service of BRANDON A. SNESKO re: service of Alias Summons and Complaint, Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and for Expedited Discovery; Plaintiff's Motion for Temporary Restraining Order and for Expedited Discovery upon INDIRA HENRAD on behalf of DEFENDANT BARACK OBAMA, and upon AMANDA LAFORGE on behalf of DEFENDANT THE DEMOCRATIC NATIONAL COMMITTEE by PERSONAL SERVICE on 9/4/2008, answer due 9/24/2008. (jpd).

September 9, 2008 8 MOTION to Expedite Discovery, Extensive Discovery and Appoint A Special Master filed by PHILIP J. BERG.Memorandum and Certificate of Service.(BERG, PHILIP)

September 11, 2008 9 Reissuance of Summons for the FEC by PHILIP J. BERG. (BERG, PHILIP)

September 15, 2008 10 ADDITIONAL CERTIFICATE OF SERVICE BY PLAINTIFF PHILIP J. BERG, ESQUIRE REGARDING SERVICE OF PLAINTIFF'S MOTION FOR EXPIDITED DISCOVERY UPON DEFENDANT BARACK H. OBAMA BY FAX AND UNITED STATES POSTAL SERVICE EXPRESS MAIL AND DEFENDANT DEMOCRATIC NATIONAL COMMITTEE BY FAX AND UNITED STATES POSTAL SERVICE EXPRESS MAIL. (FAX TRANSMISSION LOG AND EXPRESS MAIL RECEIPTS ATTACHED). (jpd)

September 18, 2008 11 APPLICATION BY PAUL ANDREW MITCHELL FOR LEAVE TO INTERVENE AND FOR WRIT IN THE NATURE OF PROHIBITION, CERTIFICATE OF SERVICE. (jpd)

September 24, 2008 12 MOTION to Dismiss filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Brief and Certificate of Service.(LAVELLE, JOHN)

September 29, 2008 13 RESPONSE in Opposition re 12 MOTION to Dismiss Brief in Support thereof and proof of service filed by PHILIP J. BERG. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(BERG, PHILIP) (Additional attachment(s) added on 9/30/2008: # 13 Exhibit 1) (jpd, ).

October 6, 2008 14 MOTION for Leave to File First Amended Complaint filed by PHILIP J. BERG.Brief in support thereof and Certificate of Service. (Attachments: # 1 Exhibit)(BERG, PHILIP)

October 6, 2008 15 MOTION for Protective Order Staying Discovery Pending Decision on Dispositive Motion filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE.Brief, Certification, Certificate of Service. (Attachments: # 1 Exhibit Exhibit A)(LAVELLE, JOHN)

October 7, 2008 16 T.B. BRADLEY'S MOTION FOR APPLICATION TO INTERVENE WITH COMPLAINT AND PETITION FOR WRIT OF MANDAMUS DIRECTED TO THE AGENCIES OF THE UNITED STATES AND MOTION FOR INJUNCTIVE RELIEF, CERTIFICATE OF SERVICE. (jpd)

October 7, 2008 17 MOVANT T.B. BRADLEY'S MOTION TO APPEAR AS JANE DOE. (jpd)

October 9, 2008 18 RESPONSE in Opposition re 15 MOTION for Protective Order Staying Discovery Pending Decision on Dispositive Motion Brief in Support thereof and Certificate of Service filed by PHILIP J. BERG. (BERG, PHILIP) (Entered: 10/09/2008)

dockets.justia.com...:2008cv04083/case_id-281573/

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE, :

Plaintiff :
vs. : CIVIL ACTION NO. 08-cv-04083-RBS:

BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE, :

Defendants :ORDER
AND NOW this ______day of October, 2008, upon consideration of

Defendants,

Barack H. Obama and the Democratic National Committee’s Motion for a Protective Order and Stay Pending the Decision on Defendants Dispositive Motion and Plaintiff’s Response in Opposition thereto, it is hereby
ORDERED and DECREED as follows:

1. Defendants Motion for Protective Order Staying Discovery
pending the Court’s Decision on Defendants dispositive Motion is
DENIED;

2. Defendants are hereby ORDERED to Answer Plaintiff’s
Discovery Requests by way of Admissions and Request for
Production of Documents by October 15, 2008.

IT IS SO ORDEREDBY THE COURT:
R. Barclay Surrick, J.

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PHILIP J. BERG, ESQUIRE, :
Plaintiff :vs. : CIVIL ACTION NO. 2:08-cv-04083-RBS
:
BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE, :
Defendants :
ORDER
AND NOW this ______day of October, 2008, upon consideration of Defendants,
Barack H. Obama and the Democratic National Committee’s Motion for a Protective
Order and Stay pending the Decision on Defendants Dispositive Motion and Plaintiff’s
Response in Opposition thereto, it is hereby


docs.justia.com...:2008cv04083/281573/18/0.pdf

If one parent is a US citizen, and the other is not, and the parents are married, then the current law says the child is a US citizen if the American parent was physically present in the US for one or more periods of time totalling at least five years, at some time or times in his or her life prior to (but not necessarily immediately prior to) the child's birth. Additionally, at least two years out the required five years of physical presence must have taken place after the parent's 14th birthday; thus, for example, a parent who was born and grew up in the US, but who left before reaching age 16 and never returned, doesn't meet the requirement.

Prior to 14 November 1986, the physical presence requirement in this case was ten years (instead of five) -- including five years (instead of two) spent after the parent's 14th birthday. The requirement was reduced in 1986, but the change did not retroactively make US citizenship available to people born previously who did not meet the old requirement. (Congress's intent not to make this change retroactive was affirmed in 1988 with the passage of Public Law 100-525, § 8(d), 102 Stat. 2619).

1. A certified copy of Obama’s “vault” (original long version) birth

2. Certified copies of all reissued and sealed birth certificates of
Obama in the names referred to in the caption of this lawsuit;

3. A certified copy of Obama’s Certification of Citizenship;

4. A certified copy of Obama’s Oath of Allegiance taken upon age of
majority;

5. Certified copies of Obama’s Application and Admission forms for
Occidental College, Columbia University and Harvard Law
School; and

6. Certified copies of any Court Orders or legal documents changing
Obama’s name from Barry Soetoro to Barack Hussein Obama.