In re Hoffmann

Adelheid Hoffmann’s petition for naturalization was denied at the hearing for reasons given from the bench. The immigration and naturalization service have suggested that the court give written expression to its views.

Petitioner was born in Germany in 1871, entered the United States in 1900, and was naturalized by the United States District Court in New York in 1908. In 1920 she married John Ploffmann, an alien, thereby losing the citizenship gained in 1908 (Act of March 2, 1907, § 3, 34 Stat. 1228 , see 8 U.S.C.A. § 9 ). Her husband died in 1931. In August, 1935, she petitions to regain her citizenship under proceedings applicable to her situation. ( 8 U.S.C. §§ 368 , 369 [ 8 U.S.C.A. §§ 368 , 369]).

It was shown at the hearing that petitioner became a public charge in February 1932, and has remained such. She appeared in the courtroom in a wheel chair, with an attendant.

It is uniformly held that the right of citizenship is not an inherent right, but a privilege extended by the sovereign power. It is founded upon reciprocal relations, protection to the subject and allegiance to the sovereign. Allegiance may involve many duties, but it assumes a condition on the part of the…