Legal Opinion

P

Board of Immigration Appeals

Decided July 1, 1961No. 1155Published

1Opinion of the Court

AfAiihR OF P— In VISA PETITION Proceedings A-12111162 Decided by Board July 14, 1961 Expatriation—Act of March 2, 1907—Automatic reacquisition of foreign na- tionality—Standard of proof to establish voluntary acceptance of foreign nationality. (1) Current standard of proof in expatriation cases applies to conduct within section 2 of Act of March 2, 1907. Where foreign nationality was acquired solely by operation of law, proof of "voluntary acceptance" through overt acts must be supported by clear, convincing and unequivocal evidence to warrant finding of loss of citizenship. (2) Where…

2Cases cited4 opinions

  1. Nishikawa v. DullesSupreme Court of the United States · 1958
  2. Leong Kwai Yin v. United StatesCourt of Appeals for the Ninth Circuit · 1929
  3. Camardo v. TillinghastCourt of Appeals for the First Circuit · 1928
  4. United States v. EliasenDistrict Court, W.D. Washington · 1926

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