United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mandoli v. Acheson, 344 U.S. 133 (1952)

Mandoli v. Acheson

No. 15

Argued October 17, 1952

Decided November 24, 1952

344 U.S. 133

Syllabus

1. Under the Expatriation Act of 1907, a United States citizen by birth who by foreign law derives from his parents citizenship of a foreign nation held not to have lost his United States citizenship by foreign residence long continued after attaining his majority. Pp. 344 U. S. 135-139.

(a) In such case, the native-born citizen, by continuing to reside in the foreign country after attaining his majority, cannot be deemed to have elected between his dual citizenships in favor of that of the foreign country; and, when he attained his majority, he was under no statutory duty to make an election and to return to this country for permanent residence if he elected United States citizenship. Pp. 344 U. S. 135-139.

(b) Perkins v. Elg, 307 U. S. 325, is not to the contrary. Pp. 344 U. S. 138-139.

(c) The dignity of citizenship which the United States Constitution confers as a birthright upon every person born within its protection is not to be withdrawn or extinguished by the courts except pursuant to a clear statutory mandate. P. 344 U. S. 139.

2. One of the grounds of decision relied on by the District Court, based on the citizen's having served in the army of the foreign country and taken an oath of allegiance to that country, was abandoned by the Government, the Attorney General having ruled that such service and oath had been taken under legal compulsion amounting to duress. P. 344 U. S. 135.

90 U.S.App.D.C. 1121, 193 F.2d 920, reversed.

In an action brought by petitioner to establish his citizenship, the District Court gave judgment against him. The Court of Appeals affirmed. 90 U.S.App.D.C. 1121, 193 F.2d 920. This Court granted certiorari. 343 U.S. 976. Reversed, p. 344 U. S. 139.

Page 344 U. S. 134