Wednesday, November 13, 2013

Perez v. Brownell case brief

Perez v. Brownell case brief summary
356 U.S. 44 (1958)


CASE SYNOPSIS
Certiorari was granted to the United States Court of Appeals for the Ninth Circuit, which declared that petitioner had lost his American citizenship by operation of the Immigration and Nationality Act (INA) § 349 on the ground that petitioner remained outside the United States for the purpose of avoiding service in the armed forces of the United States and that he had voted in a political election in Mexico.

CASE FACTS
The court affirmed the district court's determination that petitioner had lost his American citizenship. Petitioner was born in the United States but moved to Mexico with his family. Petitioner remained in Mexico to avoid service in the armed forces and also voted in a local political election. Petitioner later entered the United States and surrendered to immigration authorities as an alien but claimed the right to remain by virtue of American citizenship. The special inquiry officer ordered petitioner deported as an alien, and petitioner brought suit in the district court seeking a judgment declaring him a national citizen. The court found that petitioner had expatriated himself and denied relief, which was affirmed by the court of appeals.


DISCUSSION
  • On review, the United States Supreme Court found that by virtue of his avoidance of military service and becoming involved in foreign political affairs petitioner had relinquished his citizenship. 
  • The Court reasoned that when a citizen of one country acted politically in another country there was a danger of embarrassment to the home country and was evidence of allegiance to another country inconsistent with American citizenship.

CONCLUSION
The district court's order, that petitioner had lost his American citizenship, was affirmed because petitioner became involved in foreign political affairs and evidenced an allegiance to another country inconsistent with American citizenship, thereby abandoning his citizenship. The Court declined to determine constitutionality of the statute, holding that denationalization was an appropriate remedy to avoid embarrassment to the government.

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