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Bellei v. Rusk

Published online by Cambridge University Press:  28 March 2017

Abstract

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Type
Judicial Decisions
Copyright
Copyright © The American Society of International Law 1969

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References

1 Sec. 301(a)(7) of the Immigration and Nationality Act of 1952 as amended provides: “(a) The following shall be nationals and citizens of the United States at birth: … (7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods, totaling not less than ten years, at least five of which were after attaining the age of fourteen years. …” 66 Stat. 236; 8 U.S.C. §1401(a)(7) (quotations by court). (Footnotes 1 and 2 by court retained in part; others omitted.)

2 Sec. 301(b) provides: “Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a) of this section, shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United States for at least five years: Provided, That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years." 66 Stat. 236; 8 U.S.C. $ 1401(b) (quotation by court). The court also noted that this section was modified in 1957 to permit up to twelve months’ absence from the country during the period of required residence. 71 Stat. 644; 8 U.S.C. §1401 (b) (1964).

3 387 U. S. 253 (1967); 62 A.J.I.L. 189 (1968).

4 377 U. S. 163 (1964); 58 A.J.I.L. 1014 (1964).

5 296 F. Supp. 1247 at 1249.

6 Ibid.1252.