Thursday, December 5, 2013

United States v. Stelmokas case brief

United States v. Stelmokas case brief summary
100 F.3d 302 (3d Cir. 1996), cert. denied, 520 U.S. 1241 (1997)


CASE SYNOPSIS
Appellant, a naturalized citizen, appealed a decision of the United States District Court for the Eastern District of Pennsylvania, which revoked his naturalization.

CASE FACTS
Appellee government obtained an denaturalization order.

DISCUSSION

  • On appeal, the court affirmed the order, finding as follows: 
  • (1) the Immigration and Naturalization Act, 8 U.S.C.S. § 1451, permitted denaturalization if an alien was either ineligible for admission to United States at time of entry or materially misrepresented his status at the time he sought entry; 
  • (2) a district court was permitted to infer from appellant's invocation of self-incrimination privilege at the denaturalization hearing that his testimony would have been adverse to him; 
  • (3) the evidence established that appellant was a voluntary member of an armed unit which assisted the Nazis in persecuting Jews; and 
  • (4) that he misled immigration authorities about his employment during World War II. 
  • Given those findings, the court held that denaturalization and deportation had been established by the requisite clear and convincing evidence.

CONCLUSION
The judgment was affirmed; appellee government established by clear and convincing evidence that appellant was a member of a group that aided the Nazis in persecuting Jews and misrepresented his World War II employment status when he applied for entry into the United States.

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