http://www.oyez.org/issues/civil-rights/immigration-loss-citizenship/ U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org) en-us http://www.oyez.org/images/oyezfeed.jpg U.S. Supreme Court Audio Recordings, presented by The Oyez Project (www.oyez.org) Mon, 20 Feb 1967 12:00:00 -0500 <p>After immigrating to the United States from Poland in 1912, Beys Afroyim became a naturalized American citizen in 1926. In 1950, Afroyim went to Israel where he voted in that country's 1951 governmental elections. In 1960, Afroyim applied for renewal a of his American passport. The State Department informed him that he had forfeited his American citizenship by virtue of Section 401(e) of the 1940 Nationality Act which stipulates that citizens of the United States shall "lose" their citizenship upon voting in a foreign state's political elections. Afroyim challenged the constitutionality of Section 401(e). On appeal from a district court's summary judgment favoring Secretary of State Dean Rusk, the Second Circuit Court of Appeals affirmed. The Supreme Court granted Afroyim certiorari.</p> <p>Does Section 401(e) of the 1940 Nationality Act, revoking U.S. citizenship to persons who vote in other countries' elections, violate either the Fifth Amendment right to Due Process or the Fourteenth Amendment, under which naturalized citizens are granted national citizenship?</p> 456_19670220-lq-argument http://www.oyez.org/cases/1960-1969/1966/1966_456/argument/ supreme, court, oyez, rehnquist Wed, 15 Oct 1980 12:00:00 -0500 No details yet. No details yet. 79-5602_19801015-argument http://www.oyez.org/cases/1980-1989/1980/1980_79_5602/argument/ supreme, court, oyez, rehnquist Tue, 10 Oct 1961 12:00:00 -0500 <p>Francisco Mendoza-Martinez (Martinez) was an American by birth with dual Mexican citizenship. Martinez admitted that to avoid the draft, in 1942, he left the United States for Mexico and did not return until November, 1946. As a result of his deliberate absence, Martinez entered a guilty plea in 1947 to violating Section 11 of the Selective Training and Service Act of 1940 (the "Act") and served 366 days in prison. Five years after his release, Martinez was issued an arrest and deportation warrant premised on a violation of Section 401(j) of the Act which divested draft dodgers of their U.S. citizenship. Following a dismissal of his appeal from the Attorney General's special inquiry decision stripping him of his U.S. citizenship, Martinez challenged the constitutionality of Section 401(j) in District Court but was defeated. On appeal from the Ninth Circuit's opinion upholding the district court decision, the Supreme Court granted certiorari. This case was decided together with Rusk v. Cort.</p> <p>Did Section 401(j) of the Selective Training and Service Act of 1940, divesting U.S. citizens of their citizenship for remaining outside the United States during a time of war or national emergency in order to avoid the draft, violate the procedural safeguard of the Fifth and Sixth Amendments?</p> 2_19611010-argument-1 http://www.oyez.org/cases/1960-1969/1961/1961_2/argument-1/ supreme, court, oyez, rehnquist Tue, 10 Oct 1961 12:00:00 -0500 <p>Francisco Mendoza-Martinez (Martinez) was an American by birth with dual Mexican citizenship. Martinez admitted that to avoid the draft, in 1942, he left the United States for Mexico and did not return until November, 1946. As a result of his deliberate absence, Martinez entered a guilty plea in 1947 to violating Section 11 of the Selective Training and Service Act of 1940 (the "Act") and served 366 days in prison. Five years after his release, Martinez was issued an arrest and deportation warrant premised on a violation of Section 401(j) of the Act which divested draft dodgers of their U.S. citizenship. Following a dismissal of his appeal from the Attorney General's special inquiry decision stripping him of his U.S. citizenship, Martinez challenged the constitutionality of Section 401(j) in District Court but was defeated. On appeal from the Ninth Circuit's opinion upholding the district court decision, the Supreme Court granted certiorari. This case was decided together with Rusk v. Cort.</p> <p>Did Section 401(j) of the Selective Training and Service Act of 1940, divesting U.S. citizens of their citizenship for remaining outside the United States during a time of war or national emergency in order to avoid the draft, violate the procedural safeguard of the Fifth and Sixth Amendments?</p> 2_19611011-argument-2 http://www.oyez.org/cases/1960-1969/1961/1961_2/argument-2/ supreme, court, oyez, rehnquist Tue, 04 Dec 1962 12:00:00 -0500 <p>Francisco Mendoza-Martinez (Martinez) was an American by birth with dual Mexican citizenship. Martinez admitted that to avoid the draft, in 1942, he left the United States for Mexico and did not return until November, 1946. As a result of his deliberate absence, Martinez entered a guilty plea in 1947 to violating Section 11 of the Selective Training and Service Act of 1940 (the "Act") and served 366 days in prison. Five years after his release, Martinez was issued an arrest and deportation warrant premised on a violation of Section 401(j) of the Act which divested draft dodgers of their U.S. citizenship. Following a dismissal of his appeal from the Attorney General's special inquiry decision stripping him of his U.S. citizenship, Martinez challenged the constitutionality of Section 401(j) in District Court but was defeated. On appeal from the Ninth Circuit's opinion upholding the district court decision, the Supreme Court granted certiorari. This case was decided together with Rusk v. Cort.</p> <p>Did Section 401(j) of the Selective Training and Service Act of 1940, divesting U.S. citizens of their citizenship for remaining outside the United States during a time of war or national emergency in order to avoid the draft, violate the procedural safeguard of the Fifth and Sixth Amendments?</p> 2_19621204-reargument http://www.oyez.org/cases/1960-1969/1961/1961_2/reargument/ supreme, court, oyez, rehnquist Mon, 27 Apr 1987 12:00:00 -0500 No details yet. No details yet. 86-228_19870427-argument http://www.oyez.org/cases/1980-1989/1986/1986_86_228/argument/ supreme, court, oyez, rehnquist Tue, 13 Oct 1987 12:00:00 -0500 No details yet. No details yet. 86-228_19871013-reargument http://www.oyez.org/cases/1980-1989/1986/1986_86_228/reargument/ supreme, court, oyez, rehnquist Thu, 02 May 1957 12:00:00 -0500 <p>In 1944, United States Army private Albert Trop escaped from a military stockade at Casablanca, Morocco, following his confinement for a disciplinary violation. A day later, Trop willingly surrendered to an army truck headed back to Casablanca. Despite testifying that he "decided to return to the stockade" when he was picked up, a general court martial convicted Trop of desertion and sentenced him to three years at hard labor, loss of all pay and allowances, and a dishonorable discharge. In 1952, Trop applied for a passport. His application was rejected under Section 401(g) of the amended 1940 Nationality Act, on the ground that he lost his citizenship due to his conviction and dishonorable discharge for wartime desertion. After failing to obtain a declaratory judgment that he was a US citizen, from both a district and the Second Circuit Court of Appeals, Trop appealed to the Supreme Court, which granted certiorari.</p> <p>Did Section 401(g) of the amended 1940 Nationality Act (the "Act") allow for an unconstitutional punishment by authorizing the expatriation of a citizen convicted of wartime desertion?</p> 70_19570502-argument http://www.oyez.org/cases/1950-1959/1956/1956_70/argument/ supreme, court, oyez, rehnquist