Legal Opinion

United States v. Parviz Banafshe

Court of Appeals for the Ninth Circuit

Decided April 10, 1980No. 78-2685Published

1Opinion of the Court

TANG, Circuit Judge:

Parviz Banafshe appeals the judgment of the district court revoking his naturalization as a citizen of the United States on the ground that, under 8 U.S.C. § 1451(a) and (d), he lacked the intent to reside permanently in the United States at the time he filed his petition for naturalization. Banafshe contends that the rebuttable presumption in § 1451(d) which presumes that persons who become permanent foreign residents within five years after naturalization lacked the intent to become permanent United States citizens at the time of their application, is unconstitutional.…

2Cases cited5 opinions

  1. Leary v. United StatesSupreme Court of the United States · 1969
  2. Schneiderman v. United StatesSupreme Court of the United States · 1943
  3. Luria v. United StatesSupreme Court of the United States · 1913
  4. Vance v. TerrazasSupreme Court of the United States · 1980
  5. United States v. Mauro DelmendoCourt of Appeals for the Ninth Circuit · 1974

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