What is the test for denying citizenship to an alien who has admitted a series of prior criminal convictions?

MultiRegion, United States of America

The following excerpt is from Stacher v. United States, 258 F.2d 112 (9th Cir. 1958):

25 "Upon analysis, the issue is not whether naturalization would have been denied appellant, had he revealed his numerous arrests, but whether, by his false answers, the Government was denied the opportunity of investigating the moral character of appellant and the facts relating to his eligibility for citizenship. How could any Government official or witness say whether or not citizenship would have been denied appellant from an investigation of the various causes of his arrest, when no opportunity for investigation was afforded? His false statement upon the material matter in actuality caused no investigation to be made. To be awarded citizenship in the United States exacts the highest standard of rectitude. Our Government should be afforded full opportunity for investigation of the moral character and fitness of an alien who seeks to be vested with all the rights, privileges and immunities of a natural born citizen of the United States. Where fraud has been practiced by the alien in procuring citizenship, it is not required that the Government in a denaturalization proceeding should meet the standard necessary for conviction in a criminal case. It will suffice to show that the applicant lied concerning a material fact which, if revealed, might have prevented his acquisition of citizenship." Corrado v. United States, supra, note 23, 227 F.2d at page 784.

** Now 8 U.S.C.A. 1451.

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