United States v. Ceare Rossi, Also Known as Ricardo Luis Rossi

Good Law
299 F.2d 650·1962 U.S. App. LEXIS 5881
United States Court of Appeals for the Ninth CircuitFebruary 15, 196216754California2,308 words

Opinion

Opinion

Koelsch, J.

This is an appeal by the government from an adverse judgment in a proceeding initiated in the District Court as authorized by Section 340(a) of the Immigration and Naturalization Act of 1952 [ 66 Stat. 260 , 8 U.S.C.A. § 1451 (a)] to revoke the order admitting Cesare Rossi, under the name of Ricardo Luis Rossi, to citizenship and to cancel his certificate of naturalization on the ground that the order and certificate were procured “by concealment of a material fact or by willful misrepresentation.” The opinion of the District Court is reported in 171 F.Supp. 451 .

The evidence is without conflict and consists of Rossi’s pre-trial deposition taken by the government, his admission of facts in response to written request made upon him by the government and his testimony at the trial. It thus appears that Rossi, a native of Italy, entered the United States illegally in 1926 or 1927 but after a year or two voluntarily departed, going first to Tacna, a town on the border between Chile and Peru, where he visited relatives. During his stay there, those two countries submitted the question of sovereignty over that region to a vote of the local citizens and Rossi was importuned, apparently…

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