KUNGYS
v.
UNITED STATES
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The Supreme Court granted certiorari in a denaturalization case involving whether a naturalized citizen could lose citizenship based on false testimony given during the naturalization process, and directed the parties to address whether materiality of the false statements was required, what standard should apply to determine materiality, and whether a causal connection must be shown between the misrepresentation and the procurement of citizenship.
[1] The interpretation of the "false testimony" provision of 8 U.S.C. …
[2] Standards governing the determination of whether false testimony was given "for the purpose of obtaining any benefits under this chapter" under 8 U.S.C. …
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C. A. 3d Cir. [Certiorari granted, 479 U. S. 947.] Case restored to calendar for reargument. The parties are directed to file supplemental briefs addressing the following questions:
“(1). Whether petitioner is subject to denaturalization for want of good moral character under 8 U. S. C. §§ 1451(a), 1427(a), and 1101(f)(6), with particular attention to:
“(a) whether the ‘false testimony’ provision of 8 U. S. C. § 1101(f)(6) should be interpreted to include a requirement that the false testimony concern a material fact;
“(b) what standards should govern the determination under 8 U. S. C. § 1101(f)(6) whether ‘false testimony’ has been given ‘for the purpose of obtaining any benefits under this chapter ....’; and
“(c) whether the latter determination is one of law or fact.
“(2)(a) Should the materiality standard articulated in Chaunt v. United, States, 364 U. S. 350 (1960), be abandoned and, if so, what standard should govern the materiality inquiry under 8 U. S. C. § 1451(a); and
“(b) is the determination of materiality under 8 U. S. C. § 1451(a) one of law or fact.
“(3) When a misrepresentation has been established as ‘material’ within the meaning of 8 U. S. C. § 1451(a), must any further showing be made to establish that citizenship was ‘procured by’ that misrepresentation.”
The parties also may address the questions presented in the petition for certiorari. The parties are directed to file opening briefs on or before August 3, 1987. Closing briefs are to be filed on or before August 24, 1987.
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Kungys v. United States, 485 U.S. 759 (U.S. 1988)…and the false testimony provision of § 1101(f)(6) as incorporated by the “illegally procured” clause of § 1451(a). On June 26, 1987, we restored the case to the calendar and directed parties to file supplemental briefs addressing certain questions.4 483 U. S. 1017. The case was reargued October 13, 1987. [*767] II A As noted above, 8 U. S. C. § 1451(a) provides for the denaturalization of citizens whose citizenship orders and certificates of naturalization “were procured by concealment of a material fact o…1 / 2
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Karcher v. MAY, 484 U.S. 72 (U.S. 1987)…ew Jersey Legislature, I do not reach the question whether they would have had standing to maintain this appeal in one of those other capacities. Last June, we denied a motion by parents and a schoolteacher to intervene as appellants in this Court. 483 U. S. 1017: Since our interest in this case was the validity of the moment-of-silence statute, it might appear that we could save this case and avoid wasting the time and attention we have given it by vacating our prior order, and granting the motion to interv…
Authorities Cited
- Chaunt v. United States, 364 U.S. 350 (U.S. 1960)
- Preiser v. Dep't of Transp., 479 U.S. 947 (U.S. 1986)
- Kungys v. United States, 479 U.S. 947 (U.S. 1986)