Maisenberg v. United States, 356 U.S. 670 (1958)

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Author: U.S. Supreme Court

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Maisenberg v. United States, 356 U.S. 670 (1958)

Maisenberg v. United States


No. 76


Argued January 28, 1958
Decided May 26, 1958
356 U.S. 670

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

Petitioner was brought to the United States in 1912 at the age of 11 and was admitted to citizenship in 1938. In 1953, the Government sued under § 340(a) of the Immigration and Nationality Act of 1952 to set aside the naturalization decree on the ground that it had been obtained by "concealment of a material fact [and] willful misrepresentation." The District Court granted the relief sought, and the Court of Appeals affirmed.

Held: the judgment is reversed, because the Government has failed to prove its charges by the "clear, unequivocal, and convincing evidence" which is required in denaturalization cases. Schneiderman v. United States, 320 U.S. 118. Pp. 671-673.

1. The Government’s timely filed affidavit of "good cause" was sufficient. Nowak v. United States, ante, p. 660. P. 672.

2. A finding of misrepresentation cannot be predicated on petitioner’s answer to an ambiguous question in a preliminary naturalization form. Nowak v. United States, ante, p. 660. P. 672.

3. Though the Government proved that petitioner was a member of the Communist Party for five years preceding her naturalization, it failed to prove sufficiently that she was not "attached to the principles of the Constitution," because it did not prove by "clear, unequivocal, and convincing evidence" that she knew that the Party advocated the violent overthrow of the Government. Pp. 672-673.

238 F.2d 282, reversed, and cause remanded.

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Chicago: U.S. Supreme Court, "Syllabus," Maisenberg v. United States, 356 U.S. 670 (1958) in 356 U.S. 670 356 U.S. 671. Original Sources, accessed August 10, 2022, http://www.originalsources.com/Document.aspx?DocID=51RR5EMC32MXGBZ.

MLA: U.S. Supreme Court. "Syllabus." Maisenberg v. United States, 356 U.S. 670 (1958), in 356 U.S. 670, page 356 U.S. 671. Original Sources. 10 Aug. 2022. http://www.originalsources.com/Document.aspx?DocID=51RR5EMC32MXGBZ.

Harvard: U.S. Supreme Court, 'Syllabus' in Maisenberg v. United States, 356 U.S. 670 (1958). cited in 1958, 356 U.S. 670, pp.356 U.S. 671. Original Sources, retrieved 10 August 2022, from http://www.originalsources.com/Document.aspx?DocID=51RR5EMC32MXGBZ.