Majority
p. 920December 12, 1955. No. 111. Gonzales v. Landon, District Director, Immigration and Naturalization Service, et al.
A. L. Wirin argued the cause for petitioner. With him on the brief was Fred Okrand. Oscar H. Davis argued the cause for respondents. With him on the brief were
Cer-tiorari, 349 U. S. 943 , to the United States Court of Appeals for the Ninth Circuit. Argued December 7-8, 1955. Decided December 12, 1955.
The Court is of the view that the standard of proof required in denaturalization cases (see Schneiderman v. United States, 320 U. S. 118 ; Baumgartner v. United States, 322 U. S. 665 ) is applicable to expatriation cases arising under § 401 (j) of the Nationality Act of 1940, 54 Stat. 1137 , as amended, and has not been satisfied in this case. Accordingly the judgment below is reversed without reaching the constitutional questions that have been presented.
p. 921
Solicitor General Sobeloff, Assistant Attorney General Olney, Beatrice Rosenberg and J. F. Bishop. Briefs of amici curiae were filed by John W. Willis for Mendoza-Martinez, and by Osmond K. Fraenkel and Loren Miller for the American Civil Liberties Union.
Cases cited
- Shelton v. United States 349 U. S. 943 p. 920
- Schneiderman v. United States 320 U. S. 118 p. 920
- Baumgartner v. United States 322 U. S. 665 p. 920