Polites v. United States, 364 U.S. 426 (1960)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

Petitioner’s citizenship was revoked in a proceeding under § 338(a) of the Nationality Act of 1940. The District Court found that, within ten years preceding his petition for naturalization, he had been a member of the Communist Party, that the Party was an organization which was then advocating the forcible overthrow of the Government, and that, therefore, petitioner was ineligible for citizenship under § 305. Pursuant to a stipulation of petitioner’s counsel, his appeal was dismissed with prejudice. Four years later petitioner moved under Rule 60(b) of the Federal Rules of Civil Procedure to vacate the judgment, on the ground that it was voidable under this Court’s subsequent decisions in Nowak v. United States, 356 U.S. 660, and Maisenberg v. United States, 356 U.S. 670.

Held: regardless of whether relief under Rule 60(b) is available to petitioner in the circumstances, those decisions were not effective to alter the law controlling petitioner s case. Pp. 426-437.

272 F.2d 709 affirmed.