Scheurer

Scheurer v. United States

Good Law
150 F.2d 535·1945 U.S. App. LEXIS 2804
United States Court of Appeals for the Ninth CircuitJuly 16, 1945No. 10865California504 words

Opinion

Lead Opinion

Garrecht, J.

This is a proceeding under Section 338 of the Nationality Act of 1940, 8 U.S.C.A. § 738 , 54 Stat. 1158 , 1 for revocation of citizenship.

Appellant was born in Germany and migrated to this country in May, 1923. He filed his first papers in Nebraska a year after his arrival, and was admitted to citizenship in the United States District Court at Portland, Oregon, on July 19, 1934, after taking the usual oath of allegiance.

On July 8, 1942, the United States, ap *536 pellee herein, brought suit in the United States District Court for the District of Oregon to cancel the certificate of naturalization issued to appellant by that court on July 19, 1934, charging that the certificate was obtained through fraud and deception on the part of the appellant; that at the time of naturalization he did not truly and fully renounce his allegiance to Germany; that he falsely represented and concealed material facts and made a false oath of allegiance to the United States, and that at the time of his admission to citizenship and for a period of five years immediately preceding, appellant was not attached to the principles of the Constitution of the United States and was not well disposed to the…

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