United States v. Manzi, 204

Decision Date09 April 1928
Docket NumberNo. 204,204
CourtU.S. Supreme Court

The Attorney General and Mr. W. D. Mitchell, Sol. Gen., of Washington, D. C., for the United States.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Aniello Manzi filed his declaration of intention to become a citizen of the United States October 15, 1913. He did December 19, 1914. On October 4, 1924, his widow Amalia, respondent herein, relying upon her husband's declaration, asked for citizenship. This was granted February 3, 1925, and certificate issued over the objection that her request came too late, more than seven years having passed since the husband made his declaration.

January 9, 1926, the United States began this proceeding by a petition in the District Court for Rhode Island to cancel her certificate upon the ground that it had been illegally procured. That court dismissed the petition and the Circuit Court of Appeals affirmed the decree. (16 F.(2d) 884.) The single question for our consideration is one of law: Whether it was unnecessary for respondent to declare her intention because her husband had declared his in 1913.

The Solicitor General maintains, and we think rightly, that while a widow may have the benefit of her husband's declaration, she must perfect her citizenship under the restrictions specified for him, including the requirement that request for naturalization must come not more than seven years after such declaration. The intention of Congress was to treat the action of the husband as though taken by the widow herself.

The Act of June 29, 1906, 'to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States' (34 Stat. 596), definitely prescribes the circumstances under which aliens may be naturalized. Its requirements are much more stringent than those found in former acts.

Section 4, par. 1 (8 USCA § 373), directs that 2 years, at least, prior to his admission, and after he has reached the age of 18 years, the alien shall declare on oath that it is his bona fide intention to become a citizen, and then directs—

'Second. Not less than two years nor more than seven years after he has made such declaration of intention he shall make and file, in duplicate, a petition in writing, signed by the applicant in his own handwriting and duly verified, in which petition such applicant shall state his full name, his place of residence (by street and number, if possible), his occupation, and, if possible, the date and place of his birth; the place from which he emigrated, and the date and place of his arrival in the United States, and, if he entered through a port, the name of the vessel on which he arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing his petition; and if he has children, the name, date, and place of birth and place of residence of each child living at the time of the filing of his petition: Provided, That if he has filed his declaration before the passage of this Act he shall not be required to sign the petition in his own handwriting.' 8 USCA § 379.

'Sixth. When any alien who had declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention.' 8 USCA § 375.

'Sec. 27. That substantially the following forms shall be used in the proceedings to which they relate ...

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68 cases
  • Johnson v. Eisentrager
    • United States
    • U.S. Supreme Court
    • June 5, 1950
    ...his release.4 It is neither sentimentality nor chauvinism to repeat that 'Citizenship is a high privilege.' United States v. Manzi, 276 U.S. 463, 467, 48 S.Ct. 328, 329, 72 L.Ed. 654. The alien, to whom the United States has been traditionally hospitable, has been accorded a generous and as......
  • Schneiderman v. United States
    • United States
    • U.S. Supreme Court
    • June 21, 1943
    ...clearest sort of justification and proof. So, whatever may be the rule in a naturalization proceeding (see United States v. Manzi, 276 U.S. 463, 467, 48 S.Ct. 328, 329, 72 L.Ed. 654), in an action instituted under § 15 for the purpose of depriving one of the precious right of citizenship pr......
  • United States v. Kusche
    • United States
    • U.S. District Court — Southern District of California
    • June 13, 1944
    ...been given and ninety days had been allowed to elapse before the hearing there would be a different case." In the Manzi case, 1928, 276 U.S. 463, 48 S.Ct. 328, 72 L.Ed. 654, a certificate was held to have been illegally procured where the widow of the declarant attempted under Section 6 to ......
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • May 10, 1956
    ...at page 649, 49 S.Ct. at page 449, supra, "Doubts * * should be resolved * * * against the claimant." United States v. Manzi, 1928, 276 U.S. 463, 467, 48 S.Ct. 328, 329, 72 L.Ed. 654. Congress has declared that before one is entitled to the privilege of citizenship he must by competent evid......
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1 books & journal articles
  • Bring it on: the Supreme Court opens the floodgates with Rasul v. Bush.
    • United States
    • Air Force Law Review No. 55, March 2004
    • March 22, 2004
    ...332 U.S. 789. Id. at 768, n. 1. (14) Eisentrager, 339 U.S. at 769. (15) Id. (16) Id. at 770. (17) Id. (quoting United States v. Manzi, 276 U.S. 463,467 (18) Eisentrager, 339 U.S. at 771. (19) Id. at 776. The Court outlined the limited situations in which resident aliens have been granted ac......

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