Can a juror persuade a reasonable doubt existed as to alienage?

I respectfully disagree. The excluded evidence could not have persuaded a juror that a reasonable doubt existed as to alienage because as a matter of law, it could not establish derivative citizenship. Why? Because there is no evidence in the record that the petitioner's mother lived in the United States for the statutory period. See 8 U.S.C. 1401(g) (West Supp.1996). Accordingly, the district court was right to exclude the matter from the jury's conjecture. The majority's decision ignores United States v. Aguilar, 883 F.2d 662, 692-93 (9th Cir.1989) in which we said, "[I]f the defendants' offer of proof is deficient with regard to any of the four elements [of a four element test], the district judge must grant the motion to preclude evidence [of the defense] of necessity." (emphasis added). Even if the court erred, the error here was clearly harmless for the same reason.