Legal Opinion

P-R

Board of Immigration Appeals

Decided July 1, 1960No. 1092Published

1Opinion of the Court

MArrca OF P—R-- In DEPORTATION Proceedings A-11322755 Decided by Board August 5, 1960 Expatriation—Section 401(j), Nationality Act of 1940, as amended—Evidentiary standard not satisfied. Evidentiary ,standard applicable to expatriation cases precludes finding of loss of citizenship under sertion 401(j) of Nationality Act in circumstances where native-born citizen was taken to Mexico by his parents at age 6 in 1930 or 1931 and did not return here until 1950, despite his testimony, later repudiated, that he remained abroad in deference to the wishes of his par- ents who refused him permission…

2Cases cited8 opinions

  1. Schneiderman v. United StatesSupreme Court of the United States · 1943
  2. Baumgartner v. United StatesSupreme Court of the United States · 1944
  3. Gonzales v. LandonSupreme Court of the United States · 1955
  4. MacKey v. Mendoza-MartinezSupreme Court of the United States · 1960
  5. United States ex rel. Schlimmgen v. JordanCourt of Appeals for the Seventh Circuit · 1947

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