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MANEY V. UNITED STATES, 278 U. S. 17 (1928)

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U.S. Supreme Court

Maney v. United States, 278 U.S. 17 (1928)

Maney v. United States

No. 27

Argued October 11, 1928

Decided October 22, 1928

278 U.S. 17

Syllabus

1. A certificate of citizenship which was granted by the District Court without authority and contrary to law is a certificate "illegally procured" within the meaning of § 15, Naturalization Act of 1906, directing district attorneys to institute proceedings for cancellation.

2. Under the Act of 1906, a certificate from the Department of Labor stating the date, place, and manner of the applicant's arrival in the United States must be filed with the petition for naturalization. This requirement is jurisdictional, and failure to comply with it cannot be cured by a subsequent filing allowed nunc pro tunc.

3. A decree of the district court admitting an applicant to citizenship against the objection of the United States that the court had no jurisdiction because a certificate of arrival was not filed until after the filing of the petition for naturalization is not res judicata barring a suit by the United States under § 15 of the Naturalization chanroblesvirtualawlibrary

Page 278 U. S. 18

Act to cancel the certificate of naturalization because of such jurisdictional defect. P. 278 U. S. 23.

21 F.2d 28 affirmed.

Certiorari, 276 U.S. 609, to a decree of the Circuit Court of Appeals, which reversed a decree of the District Court, 13 F.2d 662, dismissing a petition to cancel a certificate of naturalization.

So held where the decree was made within ninety days after the actual filing of the certificate. P. 278 U. S. 23. chanroblesvirtualawlibrary

Page 278 U. S. 21





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