Can an Individual be Denaturalized for Immaterial False Statement?
In U.S. v. Maslenjak, the Sixth Circuit held that an individual can be denaturalized for an immaterial false statement. The case is now before SCOTUS.
Home Practice Areas Citizenship Denaturalization
The Attorney General has the authority to cancel a certificate of citizenship or certificate of naturalization if he or she believes that the certificate was obtained illegally or fraudulently. 聽However, this does not constitute聽denaturalization.
Section 349(a) lists circumstances in which a U.S. citizen by birth or by naturalization may lose nationality (the terms 鈥渘ational鈥 and 鈥渃itizen鈥 are interchangeable except for U.S. nationals from American Samoa who do not have U.S. citizenship) by voluntarily engaging in certain actions聽with the intent to renounce citizenship. These cases聽are:
If a person loses nationality under 349(a), he or she will be provided with a certificate of loss of nationality. A person may argue that the person did not undertake the action with the intent to renounce citizenship.
If a naturalized citizen faces denaturalization proceedings, it is essential to contact an experienced immigration attorney immediately. Denaturalization is not only gravely serious for the person facing denaturalization, but also for any family members who claimed naturalization through him or her. 聽If a U.S. citizen intends to voluntarily renounce citizenship, or if the government argues that he or she voluntarily renounced citizenship when the person believes that he or she did not have the intent to renounce citizenship, it is also essential to consult with an experienced immigration聽attorney.
At The Law Offices of Grinberg & Segal, PLLC, our experienced immigration attorneys stand ready to help clients facing denaturalization or any other issue involving the renunciation of U.S.聽citizenship.
In U.S. v. Maslenjak, the Sixth Circuit held that an individual can be denaturalized for an immaterial false statement. The case is now before SCOTUS.
In Maslenjak v. US, SCOTUS that for denaturalization for a conviction under 18 U.S.C. 1425(a) for a false statement, the false statement must be material.
The Supreme Court heard oral arguments in Maslenjak v. U.S., in which it considered whether denaturalization can occur for an immaterial false statement.
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