In re Bernasconi

Petitioner was previously before this court as the plaintiff in an action under 8 U.S.C.A. § 903 for a judgment declaring her to be a citizen of the United States. On December 29, 1953, we adjudged 1 that, although born in the United States, she could not be declared to be a citizen, because she had expatriated herself by voting in the Italian political election of June 2, 1946. 2 She now seeks summary naturalization pursuant to Public Law 114, 82nd Congress, 1st Session, 65 Stat. 191 , as amended by section 402(j) of the Nationality Act of 1952, 66 Stat. 278 , 8 U.S.C.A. § 1435 note. Public Law 114, as amended, stipulates that persons who lost their United States citizenship by voting in a political election in Italy between January 1, 1946 and April 18, 1948 may be naturalized by taking certain oaths, provided that, subsequent to voting, they did not commit any act which would have expatriated them had they remained citizens.

In opposition to the petition for naturalization, the Government urges that petitioner in fact lost her citizenship prior to voting in the Italian election and is thus in-J eligible to be naturalized pursuant to Public Law 114. Petitioner relies on the…