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Nishikawa Vs. Dulles
Cites for this judgment
- US Supreme Court
- Mar 31, 1958
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U.S. 129 (1958) U.S. Supreme Court Nishikawa v. DullesSearch
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U.S. 129 (1958) Nishikawa v. DullesSearch
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We need not in this case consider the constitutionality of Section 401(c). This case thus differs from Perez v. BrownellSearch
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ante, p. 356 U. S. 44 , and Trop v. DullesSearch
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may be as to what conduct may, consistent with the Constitution, be said to result in loss of nationality, cf. Perez v. BrownellSearch
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it is settled that no conduct results in expatriation unless the conduct is engaged in voluntarily. Mandoli v. AchesonSearch
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the Government to prove an act that shows expatriation by clear, convincing, and unequivocal evidence. In Gonzales v. LandonSearch
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Schneiderman v. UnitedSearch
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Brief any citation in this list with AI Studio
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Acheson v. HisaoSearch
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Acheson v. KiyokuroSearch
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Camara v. NicollsSearch
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Baumgartner v. UnitedSearch
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Gonzales v. LandonSearch
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Acheson v. HisaoSearch
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Murata, 342 U.S. 900, and Acheson v. KiyokuroSearch
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attending the alleged acts of expatriation and the reasonable inferences to be drawn therefrom. In Bruni v. DullesSearch
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Gonzales as requiring the Government to prove voluntariness by clear, convincing and unequivocal evidence. Lehmann v. AchesonSearch
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can also be read as placing that burden on the Government. It is, clear at least, that the Third Circuit, Lehmann v. AchesonSearch
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Perri v. DullesSearch
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F.2d 586, as well as the Second Circuit, Augello v. DullesSearch
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Government must rebut. The Court of Appeals for the District of Columbia Circuit took a contrary view prior to Bruni v. DullesSearch
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supra. Alata v. DullesSearch
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Acheson v. MaenzaSearch
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United States v. MinkerSearch
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Kawakita v. UnitedSearch
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therefore, American citizenship is his constitutional birthright. See United States v. WongSearch
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expatriate any citizen. As the CHIEF JUSTICE and MR. JUSTICE DOUGLAS explain in their dissenting opinions in Perez v. BrownellSearch
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from our armed forces, establish a conclusive presumption of intention to throw off American nationality. Cf. Tot v. UnitedSearch
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persuasive evidence in the particular case of a purpose to abandon citizenship. To the extent that Mackenzie v. HareSearch
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U. S. 299 , and Savorgnan v. UnitedSearch
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It is common ground that conduct will result in expatriation only if voluntarily performed. See Mackenzie v. HareSearch
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Acheson v. KiyokuroSearch
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in conduct of which the consequence is loss of citizenship -- by clear, convincing and unequivocal evidence. Gonzales v. LandonSearch
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U.S. 920, adopting the standard of Schneiderman v. UnitedSearch
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States, 320 U. S. 118 , and Baumgartner v. UnitedSearch
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of outward events, should have the burden of proving what is state of mind was. See Selma, Rome & Dalton R. Co. v. UnitedSearch
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gravest doubt is cast on the applicability of the normal assumption -- even in a prosecution for murder ( see Leland v. OregonSearch
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a finding that service in a foreign army was voluntary. The Second and Third Circuits have held that it does. Augello v. DullesSearch
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Lehmann v. AchesonSearch
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Alata v. DullesSearch
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Bruni v. DullesSearch
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c) is, in my view, foreclosed by Perez v. BrownellSearch
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Hamamoto v. AchesonSearch
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