AMANDO SULIMENARIO LUMANTES, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence supported the trial court's finding that the appellant willfully misrepresented his marital status during naturalization proceedings.
Appellant falsely misrepresented his marital status during naturalization proceedings. The trial court found this misrepresentation to be willful, wit…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Revocation Of Naturalization cases and more on FLexlaw
PER CURIAM.
This appeal is from a judgment of the District Court under 8 U.S.C.A. § 1451, revoking the naturalization of appellant.
It is conceded that appellant falsely misrepresented his marital status throughout the naturalization proceedings, but appellant denies that the misrepresentation was “willful” within the meaning of the statute.
After hearing appellant testify, viewing his demeanor and manner, and judging his credibility in the light of all the evidence, the trial court found inter alia that appellant “wilfully misrepresented his marital status with knowledge of the falsity and intent to deceive the Government.” Fed.R.Civ.Proc. rule 52(a), 28 U.S.C.A.; Knauer v. United States, 1946, 328 U.S. 654, 660, 66 S.Ct. 1304, 90 L.Ed. 1500.
Upon oral argument appellant stated in effect that the sole question presented on appeal is whether the evidence in support of the finding as to appellant’s state of mind is “ ‘clear, unequivocal, and convincing.’ ” Id., 328 U.S. at page 657, 66 S.Ct. at page 1037.
We find no rational ground for differing with the trial court on the issue as to appellant’s intent and, for reasons concisely stated in the opinion written by the learned District Judge, United States v. Lumantes, D.C.N.D.Cal.1955, 139 F.Supp. 574, the judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Chaunt v. United States, 364 U.S. 350 (U.S. 1960)
-
Green Miller, Jr. v. Poretsky, 595 F.2d 780 (D.C. Cir. 1978)
-
Chaunt v. United States, 270 F.2d 179 (9th Cir. 1959)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Knauer v. United States, 328 U.S. 654 (U.S. 1946)