Legal Opinion

Joaquin Augusto Peignand v. Immigration and Naturalization Service

Court of Appeals for the First Circuit

Decided March 10, 1971No. 7638_1PublishedCited by 20 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

This appeal raises the question, under the Nationality Act of 1940, 1 54 Stat. 1137 et seq., whether a child born out of wedlock, subsequently acknowledged by his mother, could automatically derive United States citizenship from the naturalization of his mother. Petitioner, born out of wedlock on January 29, 1936, in the Dominican Republic, was formally acknowledged by his mother a year later. Although the natural father contributed to the child’s support until his death in 1944, he never formally acknowledged petitioner as his son, nor did he marry petitioner’s mother.…

2Cases cited12 opinions

  1. Afroyim v. RuskSupreme Court of the United States · 1967
  2. Montana v. KennedySupreme Court of the United States · 1961
  3. Gillars v. United StatesCourt of Appeals for the D.C. Circuit · 1950
  4. Tevita Talanoa v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1968
  5. Podea v. Acheson, Secretary of State of United StatesCourt of Appeals for the Second Circuit · 1950

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3Cited by20 opinions

  1. United States v. Ruby Company, a Utah CorporationCourt of Appeals for the Ninth Circuit · 1978
  2. United States v. Witold PlutaCourt of Appeals for the Second Circuit · 1999
  3. Sigifredo Iracheta v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2013
  4. Gestuvo v. District Director of United States Immigration & Naturalization ServiceDistrict Court, C.D. California · 1971
  5. United States v. Lucienne D'Hotelle De Benitez RexachCourt of Appeals for the First Circuit · 1977

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