United States v. Miller

The Government filed a complaint to cancel defendant’s citizenship under the provisions of Section 338(a) of the Nationality Act of 1940 ( 54 Stat. 1158 ; formerly 8 U.S.C. 738(a) ) as continued in force and effect by Section 405(a) of the Immigration and Nationality Act of 1952 ( 66 Stat. 280 , 8 U.S.C.A. § 1101 note), and Section 340(a) of the latter Act ( 66 Stat. 260 , 8 U.S.C.A. § 1451 (a) ). The defendant moved to dismiss, to strike and for other relief. One of the grounds of the motion to dismiss was that no affidavit of good cause had been filed by the United States. Attorney as required by law.

Subsequent to a denial of defendant’s motions the Supreme Court decided the case of United States v. Zucca, 351 U.S. 91 , 76 S.Ct. 671 , 100 L.Ed. 964 . This. Court set aside its order denying defendant’s motion to dismiss and granted permission to the Government to file an affidavit showing good cause. Pursuant to> this-order the Government has filed an affidavit by Maurice A.. Roberts, an attorney for the United States Immigration and Naturalization Service, which was executed prior to the commencement of this action, and also an affidavit from the United States Attorney for…