Legal Opinion

United States v. Mansour

District Court, S.D. New York

Decided August 18, 1908PublishedCited by 18 opinions

Petition to cancel and set aside defendant’s certificate of naturalization as having been illegally or fraudulently procured, brought under authority of act of Congress approved June 29, 1906 (Act June 29, 1906‘, c. 3592, 34 Stat. 596 [U. S. Comp. St. Supp. 1907, p. 419]). On May 4, 1901, the defendant received a certificate of naturalization from the District Court of the United States for the Eastern District of New York.

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Petition to cancel and set aside defendant’s certificate of naturalization as having been illegally or fraudulently procured, brought under authority of act of Congress approved June 29, 1906 (Act June 29, 1906‘, c. 3592, 34 Stat. 596 [U. S. Comp. St. Supp. 1907, p. 419]). On May 4, 1901, the defendant received a certificate of naturalization from the District Court of the United States for the Eastern District of New York. He obtained it without a “first paper,” on the ground that he had first come to this country when under 18. The court record, therefore, consists only of the depositions…

1Opinion of the CourtHough, District Judge

(after stating the facts as above). The second cause of action set forth in the petition is dismissed for total lack of evidence.

The third and fourth causes of action are dismissed, because not sustained by a fair preponderance of credible testimony.

The first cause of action presents the question of residence, and, under the findings of fact above made, an order or judgment must be entered canceling Mansour’s' certificate of naturalization, unless: (1) This proceeding is one in which. defendant is entitled as of right to a ju'ry trial, which has been duly demanded and refused; or (2) the act…

2Cases cited4 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Ex Parte GarlandSupreme Court of the United States · 1867
  3. United States v. GleesonCourt of Appeals for the Second Circuit · 1898
  4. Spreckels Sugar Refining Co. v. McClainCourt of Appeals for the Third Circuit · 1902

3Cited by18 opinions

  1. Texas Liquor Control Board v. JonesCourt of Appeals of Texas · 1937
  2. United States v. KuscheDistrict Court, S.D. California · 1944
  3. United States v. AakervikDistrict Court, D. Oregon · 1910
  4. United States v. LuriaDistrict Court, S.D. New York · 1911
  5. United States v. WexlerDistrict Court, E.D. New York · 1925

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