act designated expatriative by statute; when action by dual national (upon reaching majority) age, as factor; 2-263, 390; 3-470 armed forces deserter in wartime: effective date of expatriation; 6—666 Korean conflict, as time of war; 6-756 cancellation of parent's naturalization, presump- denaturalization, through; retroactive effect denaturalization, through; see also Citizenship- dual national; see Dual national employment by foreign government: member of school trustee board; 2-60 stenographer; 2-231 teacher; 1-304; 9-313 Cuba: Cuban National Police; 10-675 evidence required; sec. 349 (a) (4), 1952 Act; Israel: music teacher, economic duress; 9-329 teacher; 4-521 Japan: teacher, economic duress; 7-692 Mexico: policeman; 2-363 teacher; forest ranger; 2-57 evading service in armed forces, departing U.S. sec. 349(a) (10), 1952 Act; 6-379; 8-78 sec. 401(j), 1940 Act; 2-276, 378, 417, 861, 910; findings of, by court in declaratory judgment suit; operation of doctrine of collateral estoppel knowledge of expatriative effect of one's acts as legitimation of child who had acquired thru "naturalization," in foreign state; sec. 401 (a), oath of allegiance to foreign state, by (see also involuntary military service, incident to; sec. 2, 1907 Act; confirmatory act, question of; sec. 2, 1907 Act; during minority; subsequent sec. 2, 1907 Act; during wartime, confirmed by sec. 2, 1907 Act; effective date of loss; 10-355 sec. 2, 1907 Act; 1-548, 673; 2-60, 263, 296, 789, sec. 401(b), 1940 Act; 1-317, 558, 596; 3-470; Philippines, citizens of: termination of U.S. nationality on July 4, proof; burden; degree; 3-141, 586; proceedings reacquisition of foreign nationality by operation acceptance thereof, by voluntary overt act act itself not statutory ground of expatria- as prerequisite to citizenship loss; sec. 2, joining Fascist Party; 3-671; 6-15 obtaining and using Italian passport, as; standard of proof required; sec. 2, 1907 Act; voting in Irish political elections constitutes; renunciation of U.S. citizenship before notary renunciation of U.S. citizenship, formal; 2-401; residence abroad by naturalized citizen, through: 409, 1940 Act; 4-321 effect of absences on continuity of foreign effective date of expatriation, secs. 404, 406, exemption, ill health, sec. 406(c), 1940 Act; exemption, ill health, sec. 353(5), 1952 Act; registration requirement; 7-619 exemption based upon absence abroad repre- exemption under sec. 354(5) based on U.S. ment to sec. 354(5); 9-490 meaning of "en route" to U.S., delay incident secs. 404, 409, 1940 Act; 2-816, 889; 3-321, 470, sec. 404(b), 1940 Act; 9-711 sec. 404(b), 1940 Act, not applicable to former treaty between Lithuania and U.S. (1938), arrival in Aleutian Islands before, but on main- effective date of loss under sec. 401(a); 2-6 sec. 401(a); applicability ot child who attains retention requirements, sec. 301 (b), 1952 Act: compliance with, notwithstanding failure to physical presence; absence abroad as member physical presence, continuous (5 yrs.); com- physical presence, effect of temporary absence physical presence requirement; combination of actual and constructive presence, as residence in U.S., establishment of; does residence in U.S., establishment of; necessity; retention requirements, sec. 349(a) (1), 1952 Act: quent to Dec. 24, 1952; 8-511 revocation of naturalization: deportability on basis of, proceedings begun effect upon immigration status of wife; 1-84 presumptive fraud, for; 1906 Act; effect of "relation back" doctrine generally; 3-275; "relation back" doctrine not applicable in dep. proc. as to documentary charges; 5-759 sec. 401(a), 1940 Act; 10-394 after being misinformed by official sources re after foreign citizenship (Canadian) was al- age, as factor, sec. 401 (c), 1940 Act; 3-470 began prior Dec. 24, 1952, and continued there- Canadian Officers Training Corps, not deemed Canadian University Air Training Corps, not Cuba, Rebel Army of; 9-452; 10-472 voluntariness; sec. 349 (c), 1952 Act; 10-472 age, below legal voting age, not defense; 3-829 duress, claim of; sec. 401(e), 1940 Act; 9-711 municipal election, Canada; 1-267; 2-440 municipal election, Mexico; 9-516 plebiscite, Canada, as to sale of wine and beer, voting in foreign election or plebiscite-Con. political elections, Canada; relying on misin- presidential election, Mexico; 9-516 voluntariness, conclusive presumption of; sec. voluntary, Germany in 1949; 4-486 war, while United States was at; 2-263, 296; woman, upon her marriage to alien or husband's destined employment certified pursuant sec. effect of extended, unavoidable absence from employment of only 2 hours in U.S. during 10- loss of status; 8-209 one who has never taken up residence or em- Confinement to penal institution; see Good moral Constitutionality of statutes; 3-417, 456; 4-475, 556 adjudication of guilt under foreign law; 5-606 minor (under 18); tried and convicted in sentenced by juvenile court after plea of guilty court martial: Canada; 1-485 England; 1-485 Germany, by U.S. Armed Forces in; as convic- Italy; 1-34; 8-453 Netherlands Naval Forces, by; 8-469 Germany, by U.S. Military Court in; as convic- in absentia; question of; 8-608 penal certificate "negative," effect on deport- petty offenses; see Exclusion grounds: crime, plea of guilty to general conspiracy count; plea of nolo contendere; 5-198, 759 record of conviction: crime charged, use in determining moral defined; 2-357 expungement, deportability after; 4-265; expungement, excludability after (Calif.); "extinction" of record, Italy; 5-129 foreign crime; 2-520; 3-3; 5-606 includes statements of court on sentencing; indictment containing allegations not neces- indictment, recitals as to greater offense dis- introduction of, precludes outside inquiry; 3-641; 10-593 moral turpitude, use in determining; 1-540; moral turpitude, use in determining where outside evidence to establish nature of crime; outside evidence, use; discretionary relief; reliance on court's opinion to determine nature recourse to State's Attorney's remarks to court sec. 241(a) (4), 1952 Act; within meaning of: conviction of city ordinance violation; 8-59 final conviction; twice convicted alien; 7-539 finality; conviction in Canada; 8-199 imposition of sentence suspended (once con- imposition of sentence suspended (twice con- placing case on file, Mass.; as; 5-392 plea of guilty, imposition of sentence sus- plea of guilty, subsequently placed on proba- revocation of sentence and dismissal of com- plaint, Mass.; 7-171 sentence by juvenile court after plea of guilty sec. 241(a)(4), 1952 Act; within meaning of— sentence suspended pending final conviction of any other felony, Texas; 7-318 Crewman: see Seaman Crime (see also Conviction of crime; Crime, admis- sion of commission; Crimes involving moral intent always included in attempt; 2-733, 735 crime involves moral turpitude; 1-190, 194 expungement; see Pardon fornication, distinguished from open lewdness; juvenile delinquency; see Juvenile delinquency pardon; see Pardon perjury, factors necessary to constitute; 3-823 political offense, 1917 Act, sec. 3, 2d proviso; political-religious basis for conviction; 1-47 after conviction on plea of guilty; 3—569 Crime, admission of commission: adequacy, rules; 1-33, 101, 121, 225, 346, 355, 422, adequacy, in absence of precise definition of adequacy, when on same set of facts alien had attorney for alien, when made by; 6-9 Connecticut, New York; 3-632 Mexico; 1-525; 3-10, 136 Texas; 1-229 definition, necessity for furnishing in absence of essential elements, acts constituting, sec. 212(a) (9), 1952 Act: admission of all elements, necessity; 7-40 exclusion proceedings, absence of foreign record; forgery: common law; Federal offense; 3-126 passport application, not specified in statute reentry permit, necessity for reading sec. 22(c), fraud, necessity for definition; 1-118 constitutes admission; 1-96, 572; 2-705 prior to entry, but convicted after entry; 4-373 independent admission following court disposal nolo contendere, plea of, effect; 5-198, 759 perjury (see also Crimes involving moral turpi- distinguished from violation section 36(c) Alien Registration Act of 1940; 1—17 prior hearing which was technically invalid, use qualification of previous admission; 1—359, 450 smuggling attempt, 19 U.S.C. 1593; 1-553 theft, in Canada, permanency of taking; 2-22, time of, to be effective under 1952 Act; 5-676 abandonment of minor child: New York; Penal Law, sec. 480; 2-553 abortion: New York; 2-525 accessory before the fact, uttering (Mass.); 6—783 Massachusetts; 3-168 armed robbery: Massachusetts; 4-512 assault: aggravated; discussion; 2-747 California; 1-352 California, with deadly weapon, Penal Code, Canada, indecent; carnal knowledge; 3-562; Connecticut, aggravated; 1-446; 3-193 dangerous weapon, with; 1—521; 2-734; 3-198 assault-Continued Germany; of a policeman; 4-301 intent to inflict grievous bodily harm, with; intent to murder, to rob, to inflict bodily harm, intent to procure miscarriage, with; 2-528 Massachusetts; police officer, on; 5-528 Minnesota; second-degree; 1-52; 3-193 New York; second-degree; 1-54; 2-525; New York; third-degree; 1-505 New York; with intent to commit abortion; New York; with intent to commit carnal abuse Oregon; with dangerous weapon; 2-204 Rhode Island; with intent to murder; 3-808 bribery (18 U.S.C. 202); 6-358 bribery, attempted (Germany); 4-100 brothel, willful party to use of premises as; 5-546 "bunco"; 6-444 burgular's tools, possession, New York; 2-723 California, second-degree; 2-213; 3-397; 5- common law; 2-722 New York, third-degree; 1-540; 2-721; 5-642 carnal abuse of female child, under 16, with carnal knowledge of female child: Maryland; 2-612 carrying concealed and deadly weapon, with check, drawing, with insufficient funds; Kansas; check, without credit; drawing; Ohio; 4-297 concealment of distilled spirits (26 U.S.C. 404); conspiracy, general; 9-688 conspiracy to commit offense against U.S. (18 conspiracy to commit unlawful act (establish gambling games), 18 Pa. S. 4302; 10-719 conspiracy to defraud, Canada; 3-56 conspiracy to defraud the U.S. (18 U.S.C. 88); 2-46, 95, 225; 7-114; 8-535 conspiracy to interfere with lawful functions of conspiracy to violate Internal Revenue Laws; conspiracy to violate Tariff Act; 1-571 Illinois; 2-610 Michigan; 1-662 Oregon; 5-65 Washington; 2—117 counterfeit coins; making, passing or possession cutting, with intent to wound, Ohio; 1-56 character (18 U.S.C. 912); 6-702 demanding property, with menaces, Canada; deposit of metal "slug" in coin box, New York; 2-235 desertion from U.S. Armed Forces; 4-682 |