United States v. Manzi, No. 204
| Court | United States Supreme Court |
| Writing for the Court | McREYNOLDS |
| Citation | 276 U.S. 463,72 L.Ed. 654,48 S.Ct. 328 |
| Parties | UNITED STATES v. MANZI |
| Docket Number | No. 204 |
| Decision Date | 09 April 1928 |
v.
MANZI.
The Attorney General and Mr. W. D. Mitchell, Sol. Gen., of Washington, D. C., for the United States.
Page 464
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.
Page 465
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...
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United States v. Kusche, Civil Action No. 2425-PH.
...of intention. Maney 6/16/27 CCA 7th 21 F.2d 28 Certificate of arrival not presented with petition for naturalization. Manzi 4/9/28 US SC 276 U.S. 463, Petition filed more than 48 S.Ct. 328 7 years after declaration of intention. Maney 10/22/28 US SC 278 U.S. 17, Did not secure certificate 4......
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In re Weitzman, No. 19446.
...expressions appeared in United States v. Schwimmer, 279 U.S. 644, 649-650, 49 S.Ct. 448, 73 L.Ed. 889 (1929), and United States v. Manzi, 276 U.S. 463, 467, 48 S.Ct. 328, 72 L.Ed. 654 (1928). This court, too, has "An alien has no inherent right to naturalization as citizenship is a gift or ......
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PETITION FOR NATURALIZATION OF FERRO, No. 2846-P-4438.
...U.S. 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. Congress has declared that before one is entitled to the privilege of citizenship he must by competent evid......
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Saliba v. Attorney Gen. of U.S., No. 15-3769
...generally at least, they should be resolved in favor of the United States and against the claimant.” United States v. Manzi , 276 U.S. 463, 467, 48 S.Ct. 328, 329, 72 L.Ed. 654 (1928) (citation omitted); see also Bagot , 398 F.3d at 257 ; Ogundoju v. Att'y Gen. , 390 Fed.Appx. 134, 137 (3d ......
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United States v. Kusche, Civil Action No. 2425-PH.
...of intention. Maney 6/16/27 CCA 7th 21 F.2d 28 Certificate of arrival not presented with petition for naturalization. Manzi 4/9/28 US SC 276 U.S. 463, Petition filed more than 48 S.Ct. 328 7 years after declaration of intention. Maney 10/22/28 US SC 278 U.S. 17, Did not secure certificate 4......
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Johnson v. Eisentrager, No. 306
...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......
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Saliba v. Attorney Gen. of U.S., No. 15-3769
...generally at least, they should be resolved in favor of the United States and against the claimant.” United States v. Manzi , 276 U.S. 463, 467, 48 S.Ct. 328, 329, 72 L.Ed. 654 (1928) (citation omitted); see also Bagot , 398 F.3d at 257 ; Ogundoju v. Att'y Gen. , 390 Fed.Appx. 134, 137 (3d ......
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PETITION FOR NATURALIZATION OF FERRO, No. 2846-P-4438.
...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 compete......