350 U.S. 920 (1955), 111, Gonzales v. Landon

Docket Nº:No. 111.
Citation:350 U.S. 920, 76 S.Ct. 210, 100 L.Ed. 806
Party Name:Daniel Castaneda GONZALES, petitioner, v. H. R. LANDON, District Director of Immigration and Naturalization Service of District No. 16, et al.
Case Date:December 12, 1955
Court:United States Supreme Court
 
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Page 920

350 U.S. 920 (1955)

76 S.Ct. 210, 100 L.Ed. 806

Daniel Castaneda GONZALES, petitioner,

v.

H. R. LANDON, District Director of Immigration and Naturalization Service of District No. 16, et al.

No. 111.

United States Supreme Court.

December 12, 1955

COUNSEL

Mr. A. L. Wirin (Mr. Fred Okrand, on the brief), for petitioner.

Mr. Oscar H. Davis

Page 921

(Solicitor General Sobeloff, Assistant Attorney General Olney, Beatrice Rosenberg, and Mr. J. F. Bishop, on the brief), for respondents.

Mr. John W. Willis, for Mendoza-Martinez, as amicus curiae.

Messrs. Osmond K. Fraenkel and Loren Miller, for American Civil Liberties Union, as amicus curiae.

OPINION

On writ of certiorari to the United States Court of Appeals for the Ninth Circuit.

PER CURIAM.

The Court is of the view that the standard of proof required in denaturalization cases, see Schneiderman v. United States, 320 U.S. 118, 63 S.Ct. 1333, 87 L.Ed. 1796; Baumgartner v. United States, 322 U.S. 665, 64 S.Ct. 1240, 88 L.Ed. 1525, is applicable to expatriation cases arising under § 401(j) of the Nationality Act of 1940, 54 Stat. 1137 as amended [Immigration and Nationality Act, 1952, 8 U.S.C.A. § 1481(a)] and has not been satisfied in this case. Accordingly the judgment below is reversed without reaching the constitutional question that have been presented.

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