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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