Sam Title, AKA Sam Teitelman v. United States

On October 24, 1941, Sam Title received his naturalization certificate as a United States citizen.

On October 21, 1954, the United States filed a complaint in the court below seeking to revoke and set aside the order admitting appellant to citizenship, and to cancel his certificate of naturalization. No affidavit showing good cause was filed with the complaint nor was one thereafter made a part of the record. Appellant attacked the court’s jurisdiction because of the absence of the affidavit in a motion to dismiss the complaint, and in his answer. The district court ruled against appellant on this jurisdictional issue, and on July 12,1955, entered judgment against appellant, revoking the order admitting him to citizenship and cancelling his certificate of naturalization.

On September 8, 1955, appellant filed a Notice of Appeal from the denaturali-zation judgment. On February 27, 1956, this Court issued its mandate ordering the appeal dismissed “for failure of appellant to prosecute the appeal.” This Court’s mandate was filed and spread upon the records of the district court on February 29, 1956.

The Supreme Court, on April 30, 1956, decided United States v. Zucca, 351 U.S. 91 ,…