267 F.2d 265 (5th Cir. 1959), 17528, Vaccaro v. Bernsen

Docket Nº:17528.
Citation:267 F.2d 265
Party Name:Sebastian VACCARO, Appellant, v. Sam BERNSEN Acting Officer in Charge, United States Immigration& Naturalization Service, New Orleans, Louisiana, Appellee.
Case Date:May 13, 1959
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 265

267 F.2d 265 (5th Cir. 1959)

Sebastian VACCARO, Appellant,

v.

Sam BERNSEN Acting Officer in Charge, United States Immigration& Naturalization Service, New Orleans, Louisiana, Appellee.

No. 17528.

United States Court of Appeals, Fifth Circuit.

May 13, 1959

Rehearing Denied July 6, 1959.

Page 266

Richard C. Baldwin, New Orleans, La., for appellant.

Lloyd Cyril Melancon, Asst. U.S. Atty., M. Hepburn Many, U.S. Atty., Prim B. Smith, Jr., First Asst. U.S. Atty., New Orleans, La., for appellee.

Before RIVES, JONES and WISDOM, Circuit Judges.

JONES, Circuit Judge.

Sebastian Vaccaro, the appellant, was born in New York City, New York, on May 8, 1908. His parents were born in Italy and had retained Italian citizenship. While a small child he was taken to Italy and there he lived until 1950. In 1950 Vaccaro went to Argentina on an Italian passport, and there he remained until 1955. On June 15, 1955, Vaccaro entered the United States at the Port of New Orleans, Louisiana, as a stowaway. In his possession was an Italian passport and a Certificate of Identity issued by the Republic of Argentina. He was taken into custody and proceedings for his deportation were commenced. An order for deportation was made and affirmed by the Board of Immigration Appeals. The basis for the order was that Vaccaro had voted in political elections in Italy in 1948. The appellant sought review of the adverse administrative order by a suit for a judicial declaration that he is a citizen and for a revocation of the deportation order. Judgment was against Vaccaro in the district court and he has appealed.

Before us it is contended that it has not been proved, clearly and convincingly, the Vaccaro voluntarily voted in political elections in Italy. In the record before us are these questions asked of the appellant and his answers:

'Q. How long had you been voting in elections in Italy? A. I don't remember too well, I did vote once or twice. If I had known that voting and serving in the army would have made me lose my United States citizenship I wouldn't have done so. The consul only posts notices to that effect in the town where the consulate is located, and the people in the small towns like I was in didn't get any chance to see such a notice and know nothing about losing their American citizenship.

'Q. But you were notified by the American Consul that...

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