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US Court denies Petition by Plaintiffs of American Samoa Citizenship for a Full-Panel Hearing

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US passport Law Insider

Chaini Parwani

Published On: December 30, 2021 at 17:36 IST

The US 10th Circuit Court of Appeal rejected the Petition by Plaintiffs in the Fitisemanu v United States Case for a full-panel Hearing.

The Fitisemanu Plaintiffs appealed in the 10th Circuit Court of Appeals to review its previous decision En Banc i.e. to review the decision of the 3 Judge Court with a full panel of 11 Judges hearing the case.

Further, the Court denied the Petition with Judge Bacharach as dissenting Judge.

Previously, the Plaintiffs won a landmark decision in the US District Court for Utah by Judge Clark Waddoups pertaining declaratory judgement that people born in American Samoa were United States citizens, by virtue of the 14th amendment to the United States Constitution.

Although, Judge Waddoups forthwith stayed his Order, which would have been operative to his declaration, until the issue could be resolved by a Higher Court at certain Appeal by the United States Government.

After the US Government’s appeal to, a decision was issued on 15 June 2021 by a 3 Judge Court.

Furthermore, after appeal to the 10th Circuit Court of Appeals came a reversed decision on Judge Waddoups’ ruling by a 2 to 1 split, with the dissenting judge, Judge Bacharach, holding that American Samoans should be considered citizens under the Constitution.