Monaco v. Dulles, Secretary of State

The government 1 concedes that Gennaro Monaco was a citizen. Accordingly, the government had the burden of proving that he had expatriated himself. We agree with Acheson v. Maenza, 92 U.S.App.D.C. 85, 202 F.2d 453, 456, which held that the burden in such a case is like that in a denaturalization proceeding, i. e., the evidence of expatriation must be “clear, unequivocal and convincing”. 2 We think such evidence was wanting here. The crucial issue was whether Gennaro Monaco took the oath of allegiance to the Kingdom of Ita ly. The proof offered by the government consisted of the following:(a)…