United States v. Mauro Delmendo

OPINION

HUFSTEDLER, Circuit Judge:

Delmendo appeals from a judgment denaturalizing him pursuant to 8 U.S.C. § 1451(d). The issue is whether the evidence supported the district court’s determination that Delmendo lacked intention to reside permanently in the United States when he filed his petition for naturalization. We conclude that the evidence was insufficient and that the district court’s contrary conclusion was based on a misapplication of 8 U.S.C. § 1451(d).

Under section 1451(d), proof that a naturalized citizen established a permanent residence abroad within five years from his…