Lumantes

United States v. Lumantes

Good Law
139 F. Supp. 574·1955 U.S. Dist. LEXIS 2216
United States District Court, Northern District of CaliforniaMarch 28, 195532760California600 words

Opinion

Opinion

Murphy, J.

This is a denaturalization proceeding against one Amando Sulimenario Lu-mantes. The basis of the government’s case is that Lumantes stated in his preliminary form for petition for naturalization and in his oral examination by the preliminary examiner that he was not then and had never been married. The fact is, and it is admitted by respondent, that at that time and presently Lumantes is married to Angela Munar.

The questions to be decided are two:

(1) Is the concealment of marriage a material fact?

(2) Has the government proved by the “clear, unequivocal, and convincing” evidence required by Schneiderman v. United States, 1943, 320 U.S. 118 , 63 S.Ct. 1333 , 87 L.Ed. 1796 , and Baumgartner v. United States, 1944, 322 U.S. 665 , 64 S.Ct. 1240 , 88 L.Ed. 1525 , that Lu-mantes willfully misrepresented his marital status, with knowledge of the falsity and an intent to deceive the government.

I believe that the answer to both these questions is “yes”. The petition for revocation of naturalization will be granted.

I. Materiality

It is true that marital status is not a ground for denying naturalization nor would the mere fact of marriage by Lumantes have precluded his…

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