Memorandum of law
In Support of (your state here)
Habeas Corpus
Submitted Under TITLE 42,
Part VI, Chapter 65 Sec. 6503(a)

NOW COMES NOW THE PETITIONER--------- who is unschooled in law and speaks only in guttural vernacular to apply his right to the Writ of Habeas Corpus to inquire as to the Nature and Cause of His detention in (the name of the federal prison)

1. No meaningful hearing before a Court of Record has occurred prior to incarceration.

2. No explanation of the Nature of the Action has been explained to petitioner prior to incarceration.

3. No explanation of the Cause of Action has been explained to petitioner prior to incarceration.

4. No assistance of Counsel was afforded petitioner.

5. Subject Matter Jurisdiction was not established prior to incarceration.

6. This petitioner demands immediate implementation of this Writ.

7. All findings of fact and conclusions of law regarding this Writ shall be in writing.

Respectfully Submitted,

Authorized Representative ___________________________

=======================================

FORTIETH CONGRESS. Sess. IL Cu. 248, 249. 1868.

Expatriation Act

CHAP. CCXLIX - An Act concerning the Rights of American Citizens in foreign States.

Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle, this government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendents, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed; Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government.

Sec. 2. And be it further enacted, That all naturalized citizens of the United States, while in foreign states, shall be entitled to, and shall receive from this government, the same protection of persons and property that is accorded to native-born citizens in like situations and circumstances.

Sec. 3. And be it further enacted, That whenever it shall be made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons for such mprisonment, and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, it shall be the duty of the President to use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate such release, and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress.

Approved, July 27, 1868.

version 3.0 ©Kenneth-September 20, 2019

 

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