Hawaiian nationality and citizenship

1. Whether, in determining if Petitioner is an “ alien ” under 28 U.S.C. § 1350, the court may replace his asserted kanaka-maoli Hawaiian nationality with the different proposition that he must prove “ citizenship in a foreign sovereign nation, ” treat that reformulated proposition as foreclosed by United States v. Lorenzo, 995 F.2d 1448 (9th Cir. 1993), and declare him an American citizen without first applying the statutory definitions in 8 U.S.C. § 1101(a)(3) and (22), the Hawaii-specific citizenship rule in 8 U.S.C. § 1405, and under international law and legal sources on which his asserted national identity and alienage rests. 2. Whether a court may treat from the Lorenzo ’ s statement about federal criminal jurisdiction as categorically disposing of the Petitioner ’ s national identity, and alienage, and treaty arguments without construing the 1849 Hawaiian Treaty of Friendship, Commerce and Navigation, recognizing the Hawaiian Islands and the United States as separate “ respective states ” acting thru plenipotentiaries with full powers; without deciding Petitioner ’ s reliance that the Treaty remains operative under Article XVI; and without distinguishing the binding relationship through international recognition and treaty capacity powers from the separate questions of foreign and domestic enforceability and a private cause of action.