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Bindczyck v. Funicane, 342 U.S. 76 (1951)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bindczyck v. Funicane, 342 U.S. 76 (1951)
Bindczyck v. Funicane No. 18 Argued October 10, 1951 Decided November 26, 1951 342 U.S. 76
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
1. The procedure prescribed by § 338 of the Nationality Act of 1940, 8 U.S.C. § 738, is the exclusive procedure for revoking naturalization on the ground of fraud or illegal procurement, based on evidence outside the record. Pp. 77-88.
2. A state court granted petitioner a certificate of citizenship. At the same term, as permitted by state practice, it granted a motion of the Government, based on evidence outside the record, to vacate and set aside its order of naturalization on the ground of fraud in procurement. Petitioner appeared personally and admitted the fraud.
Held: This revocation of petitioner’s naturalization is void, because it was not in accordance with the uniform procedure prescribed by § 338 of the Nationality Act. Pp. 77-88.
(a) Congress intended to prescribe a uniform and carefully safeguarded procedure for revoking naturalization on the ground of fraud or illegal procurement based on evidence outside the record, and this purpose would be defeated if state courts could follow instead widely diverse state rules affecting the finality of local judgments. Pp. 79-86.
(b) A different result is not required by Tutun v. United States, 270 U.S. 568, sustaining the right of an alien to appeal from an order denying naturalization. Pp. 86-88.
87 U.S.App.D.C. 137, 184 F.2d 225, reversed.
The District Court granted petitioner a judgment declaring him to be a citizen of the United States. The Court of Appeals reversed. 87 U.S.App.D.C. 137, 184 F.2d 225. This Court granted certiorari. 341 U.S. 919. Reversed, p. 88.
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Chicago: U.S. Supreme Court, "Syllabus," Bindczyck v. Funicane, 342 U.S. 76 (1951) in 342 U.S. 76 342 U.S. 77. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=PZT657HNMZAQ9W5.
MLA: U.S. Supreme Court. "Syllabus." Bindczyck v. Funicane, 342 U.S. 76 (1951), in 342 U.S. 76, page 342 U.S. 77. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PZT657HNMZAQ9W5.
Harvard: U.S. Supreme Court, 'Syllabus' in Bindczyck v. Funicane, 342 U.S. 76 (1951). cited in 1951, 342 U.S. 76, pp.342 U.S. 77. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=PZT657HNMZAQ9W5.
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