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Vance v. Terrazas

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Additionally, Stevens felt that Congress had not adequately addressed the question of specific intent to relinquish citizenship. "Since we accept dual citizenship," he wrote, "taking an oath of allegiance to a foreign government is not necessarily inconsistent with an intent to remain an American citizen. Moreover, as now written, the statute cannot fairly be read to require a finding of specific intent to relinquish citizenship."
425:"emphasized that loss of citizenship requires the individual's 'assent,' ... in addition to his voluntary commission of the expatriating act" and that "the trier of fact must in the end conclude that the citizen not only voluntarily committed the expatriating act prescribed in the statute, but also intended to relinquish his citizenship." On that point, the Supreme Court agreed with the 7th Circuit ruling in Terrazas's favor. 410:. The Secretary of State appealed this ruling to the Supreme Court, questioning not only the appellate court's finding on the required standard of proof, but also challenging the finding that a separate intent to give up citizenship was required (as opposed merely to the performance of a designated expatriating act). 553:
relinquish citizenship. When a case involving possible expatriation comes to the attention of a US consular officer, the officer will normally "simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was
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had left Congress without any constitutional authority to set the standard of proof for intent to relinquish citizenship at a level any lower than one of clear and convincing evidence. The Supreme Court majority rejected this claim and held that Congress was within its rights to specify a standard of
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A 5-4 majority of the Supreme Court held that it was not enough for the government to prove "the voluntary commission of an act, such as swearing allegiance to a foreign nation, that 'is so inherently inconsistent with the continued retention of American citizenship that Congress may accord to it its
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After receiving Terrazas's case from the Supreme Court on remand, the district court again ruled that Terrazas had lost his citizenship. On subsequent appeal, the 7th Circuit Court of Appeals reversed its earlier decision and, this time using a preponderance-of-evidence standard per the instructions
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argued that since Terrazas was born a dual US/Mexican national, his having taken an oath of allegiance to Mexico was consistent with his being a citizen of the U.S. In Brennan's words: "The formal oath adds nothing to the existing foreign citizenship and, therefore, cannot affect his United States
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rejected the majority's decision that an intent to give up citizenship could be established merely by a preponderance of evidence. Arguing that "the Court's casual dismissal of the importance of American citizenship cannot withstand scrutiny," he said that he "would hold that a citizen may not lose
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During subsequent discussions with a US consular official, Terrazas gave conflicting answers as to whether or not he had truly intended to abandon his rights as a US citizen when he applied for his certificate of Mexican nationality. The State Department eventually concluded that he had lost his US
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While enrolled at a Mexican university in 1970, Terrazas applied for a certificate of Mexican nationality. As part of his application, Terrazas signed a statement renouncing "United States citizenship, as well as any submission, obedience and loyalty to any foreign government, especially to that of
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A bill was introduced in 2005, which sought, among other things, to force the State Department to abolish the above policy on loss of citizenship and reinstate its pre-1990 policy "of viewing dual/multiple citizenship as problematic and as something to be discouraged, not encouraged." However, the
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December 1988, p. 66. "In 1937, during a time of constitutional challenges to many federal statutes, Congress also provided for direct appeals to the Supreme Court from decisions of any federal court—trial or appellate—holding a federal statute unconstitutional.... On June 27 , President Reagan
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Finally, the Supreme Court majority upheld the validity of another aspect of the law as enacted by Congress: that the government could assume that a potentially expatriating act had been performed voluntarily and that any claim that a person had acted under duress was up to the person involved to
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An American cannot have his U.S. citizenship taken away against his will. Intent to give up citizenship needs to be established by itself and cannot be irrebuttably presumed merely because a person did something established by law as an action automatically causing loss of citizenship. However,
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unless they have acted with an intent to give up that citizenship. The Supreme Court overturned portions of an act of Congress which had listed various actions and had said that the performance of any of these actions could be taken as conclusive, irrebuttable proof of intent to give up U.S.
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ruling left intact Congress's right to specify a preponderance-of-evidence standard for judging intent to give up citizenship, the State Department in 1990 adopted a policy that pursues loss-of-citizenship proceedings issues usually only when an individual affirmatively states the intent to
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also argued that "a person's interest in retaining his American citizenship is surely an aspect of 'liberty' of which he cannot be deprived without due process of law" and that "due process requires that a clear and convincing standard of proof be met" in Terrazas's case or others like it.
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of the Supreme Court, ruled against him, finding this time that there was "abundant evidence that plaintiff intended to renounce his United States citizenship when he acquired the Certificate of Mexican Nationality willingly, knowingly, and voluntarily." Since the office of
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barred Congress from revoking anyone's citizenship without their consent. Specifically, the court held that a law automatically revoking the citizenship of anyone who had voted in a foreign election was unconstitutional and unenforceable. However, US law continued, after
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citizenship." Brennan argued, in addition, that since "Congress has provided for a procedure by which one may formally renounce citizenship" before US consular officials, a procedure that all conceded that Terrazas did not use, Terrazas was still a US citizen.
406:"Congress is constitutionally devoid of the power" to revoke citizenship; and that Congress had no power to legislate any evidentiary standard for proving Terrazas's intent to relinquish his citizenship that fell short of a requirement of proof by 460:
Although the court's membership was divided on the question of whether a "preponderance of evidence" standard was sufficient for establishing someone's intent to give up their U.S. citizenship, all nine judges agreed with the key holding in
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principle that retention of US citizenship was a constitutionally protected right, and they all agreed (contrary to the court's majority) that Terrazas's actions should not have led to the loss of his citizenship.
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The majority then turned its attention to the question of a standard of proof in loss-of-citizenship cases. Terrazas had argued and the 7th Circuit had agreed that the 14th Amendment, as interpreted in
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Laurence Terrazas was born in the United States in 1947. Because Terrazas's father was Mexican and because Mexico's citizenship laws then followed the principle of
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that a potentially expatriating act may result in loss of citizenship only if it was performed "with the intention of relinquishing United States nationality."
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that US citizenship was safeguarded by the Fourteenth Amendment and could not be taken away by an act of Congress from a person without consent.
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citizenship, a decision which Terrazas appealed, first before the State Department's board of appellate review, and subsequently to the courts.
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The four justices who disagreed with the majority filed three separate dissenting opinions. All of the dissenting justices supported the
333: 1238: 1144: 354:, Terrazas held Mexican citizenship at birth and because he was born in the United States, Terrazas also held US citizenship under the 395:
to list several other "expatriating acts," the voluntary performance of any of which would result in automatic loss of citizenship.
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citizenship. However, the Court ruled that a person's intent to give up citizenship could be established through a standard of
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the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship."
46: 320: 828:"voluntarily performing any of the following acts with the intention of relinquishing United States nationality" 139: 579: 445:
The Supreme Court did not explicitly rule on whether or not Terrazas had lost his US citizenship; rather, it
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was added in 1986, and various other changes have been made over time to the list of expatriating acts; see
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natural consequences, i. e., loss of nationality.'" Rather, the court held that its 1967 ruling in
17: 667:, para. 2 (7th Cir. 1978). Note the different order of the names in this lower court case. 630: 516: 498: 1098: 867: 849: 772: 754: 736: 718: 700: 682: 664: 195: 611: 1172: 1072:
Public Law 99-653; 100 Stat. 3655; 1986 U.S. Code Congressional and Administrative News 6182.
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his citizenship in the absence of clear and convincing evidence that he intended to do so."
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Congress has power to decide that an intent to give up citizenship may be established by
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Congress amended the Immigration and Nationality Act in 1986 to specify, as required by
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US law had provided for numerous ways for citizens to lose their citizenship. In its
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Dictionary of Politics: Selected American and foreign political and legal terms
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assuming the position in 1981, the subsequent lower court cases are known as
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bill never made it to the floor of the House and died in committee when the
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signed legislation that freed the Court from virtually all appeals...."
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changed hands twice following the Supreme Court's ruling in the case,
143: 90: 332:(i.e., more likely than not) — rejecting an argument that intent to 1100:
Advice about Possible Loss of U.S. Citizenship and Dual Nationality
454: 356: 136: 118: 41: 457:) for further proceedings consistent with the court's ruling. 151: 111: 609: 1049:, 494 F.Supp. 1017 (N.D. Ill. 1980). 360:
of the Fourteenth Amendment; therefore, Terrazas was a
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Cyrus Vance, Secretary of State v. Laurence J. Terrazas
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United States Supreme Court cases of the Burger Court
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List of United States Supreme Court cases, volume 444
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White, joined by Burger, Blackmun, Powell, Rehnquist
1063:, 653 F.2d 285 (7th Cir. 1981). 963: 1225: 654: 652: 855: 837: 688: 760: 742: 724: 706: 605: 603: 601: 599: 449:the case back to the original trial court (a 670: 649: 632:Multistate and Multinational Estate Planning 1234:History of immigration to the United States 812: 810: 628: 596: 509: 408:clear, convincing and unequivocal evidence 364:of the United States and Mexico at birth. 338:clear, convincing and unequivocal evidence 1249:United States Citizenship Clause case law 807: 610:Association, American Bar (March 1980). 442:establish by preponderance of evidence. 386:ruling, the Supreme Court held that the 375:Before the 1967 Supreme Court ruling in 784: 299:Immigration and Nationality Act of 1952 14: 1226: 703:, paras. 4, 5 (7th Cir. 1978). 1131:H.R. 3938 (109th Congress), sec. 703. 1120:H.R. 3938 (109th Congress), sec. 703. 29:1980 United States Supreme Court case 793:. Brunswick Publishing. p. 71. 336:could only be found on the basis of 280:Brennan, joined by Stewart (part II) 870:, para. 29 (7th Cir. 1978). 852:, para. 18 (7th Cir. 1978). 775:, para. 13 (7th Cir. 1978). 757:, para. 12 (7th Cir. 1978). 739:, para. 11 (7th Cir. 1978). 721:, para. 10 (7th Cir. 1978). 635:. Vol. 1. CCH. pp. 9–78. 24: 899:Epitaph for Mandatory Jurisdiction 685:, para. 3 (7th Cir. 1978). 47:Supreme Court of the United States 25: 1265: 1239:United States Supreme Court cases 1175:252 (1980) is available from: 1157: 1110:(U.S. State Department web site). 40: 1151:for H.R. 3938 (109th Congress). 1135: 1124: 1113: 1092: 1075: 1066: 1052: 1038: 1020: 1002: 984: 945: 927: 909: 897:Stern, Gressman, and Shapiro, " 891: 873: 817:Immigration and Nationality Act 778: 629:Schoenblum, Jeffrey A. (2009). 368:the United States of America." 1254:1980 in United States case law 622: 323:cannot have their citizenship 13: 1: 785:Raymond, Walter John (1992). 590: 580:United States nationality law 343: 311:, 444 U.S. 252 (1980), was a 400:7th Circuit Court of Appeals 7: 568: 468: 313:United States Supreme Court 10: 1270: 1216:Oyez (oral argument audio) 413: 1142:All Congressional actions 436:preponderance of evidence 330:preponderance of evidence 289: 284: 276: 268: 260: 252: 247: 181: 176: 170:preponderance of evidence 166: 161: 125: 103: 98: 70: 60: 53: 39: 34: 1085:799 (July 23, 1990); 67 402:ruled that according to 56:Decided January 15, 1980 1089:1092 (October 1, 1990). 517:U.S. Secretary of State 510:Subsequent developments 499:William J. Brennan, Jr. 54:Argued October 30, 1979 612:"Supreme Court Report" 451:Federal District Court 334:relinquish citizenship 196:William J. Brennan Jr. 321:United States citizen 291:U.S. Const. amends. V 1087:Interpreter Releases 1083:Interpreter Releases 1033:444 U.S. 252 1015:444 U.S. 252 997:444 U.S. 252 979:444 U.S. 252 958:444 U.S. 252 940:444 U.S. 252 922:444 U.S. 252 886:444 U.S. 252 575:Multiple citizenship 388:Fourteenth Amendment 1207:Library of Congress 228:Lewis F. Powell Jr. 146:1980); Terrazas v. 89:100 S. Ct. 540; 62 1147:2016-07-04 at the 1106:2009-04-16 at the 1046:Terrazas v. Muskie 868:577 F.2d 7 850:577 F.2d 7 773:577 F.2d 7 755:577 F.2d 7 737:577 F.2d 7 719:577 F.2d 7 701:577 F.2d 7 683:577 F.2d 7 665:577 F.2d 7 543:Vance v. Terrazas, 533:Terrazas v. Muskie 192:Associate Justices 1165:Vance v. Terrazas 1035:, 275 (1980). 1028:Vance v. Terrazas 1017:, 276 (1980). 1010:Vance v. Terrazas 999:, 274 (1980). 992:Vance v. Terrazas 981:, 272 (1980). 974:Vance v. Terrazas 960:, 271 (1980). 953:Vance v. Terrazas 942:, 258 (1980). 935:Vance v. Terrazas 924:, 255 (1980). 917:Vance v. Terrazas 881:Vance v. Terrazas 863:Terrazas v. Vance 845:Terrazas v. Vance 800:978-1-55618-008-8 768:Terrazas v. Vance 750:Terrazas v. Vance 732:Terrazas v. Vance 714:Terrazas v. Vance 696:Terrazas v. Vance 678:Terrazas v. Vance 660:Terrazas v. Vance 642:978-0-8080-9228-5 537:Terrazas v. Haig. 491:John Paul Stevens 483:Thurgood Marshall 308:Vance v. Terrazas 304: 303: 232:William Rehnquist 216:Thurgood Marshall 108:Terrazas v. Vance 35:Vance v. Terrazas 16:(Redirected from 1261: 1220: 1214: 1211: 1205: 1202: 1196: 1193: 1187: 1184: 1178: 1152: 1139: 1133: 1128: 1122: 1117: 1111: 1096: 1090: 1079: 1073: 1070: 1064: 1062: 1060:Terrazas v. Haig 1056: 1050: 1048: 1042: 1036: 1030: 1024: 1018: 1012: 1006: 1000: 994: 988: 982: 976: 970: 961: 955: 949: 943: 937: 931: 925: 919: 913: 907: 895: 889: 883: 877: 871: 865: 859: 853: 847: 841: 835: 814: 805: 804: 782: 776: 770: 764: 758: 752: 746: 740: 734: 728: 722: 716: 710: 704: 698: 692: 686: 680: 674: 668: 662: 656: 647: 646: 626: 620: 619: 607: 404:Afroyim v. Rusk, 188:Warren E. Burger 177:Court membership 44: 43: 32: 31: 21: 1269: 1268: 1264: 1263: 1262: 1260: 1259: 1258: 1224: 1223: 1218: 1212: 1209: 1203: 1200: 1194: 1191: 1185: 1182: 1176: 1160: 1155: 1149:Wayback Machine 1140: 1136: 1129: 1125: 1118: 1114: 1108:Wayback Machine 1097: 1093: 1080: 1076: 1071: 1067: 1058: 1057: 1053: 1044: 1043: 1039: 1026: 1025: 1021: 1008: 1007: 1003: 990: 989: 985: 972: 971: 964: 951: 950: 946: 933: 932: 928: 915: 914: 910: 896: 892: 879: 878: 874: 861: 860: 856: 843: 842: 838: 815: 808: 801: 783: 779: 766: 765: 761: 748: 747: 743: 730: 729: 725: 712: 711: 707: 694: 693: 689: 676: 675: 671: 658: 657: 650: 643: 627: 623: 608: 597: 593: 571: 512: 475:Afroyim v. Rusk 471: 463:Afroyim v. Rusk 422:Afroyim v. Rusk 416: 378:Afroyim v. Rusk 346: 240:John P. Stevens 230: 218: 206: 157:(7th Cir. 1981) 94: 55: 49: 30: 23: 22: 15: 12: 11: 5: 1267: 1257: 1256: 1251: 1246: 1241: 1236: 1222: 1221: 1189:Google Scholar 1159: 1158:External links 1156: 1154: 1153: 1134: 1123: 1112: 1091: 1074: 1065: 1051: 1037: 1019: 1001: 983: 962: 944: 926: 908: 890: 872: 854: 836: 819:, sec. 349; 8 806: 799: 777: 759: 741: 723: 705: 687: 669: 648: 641: 621: 594: 592: 589: 588: 587: 582: 577: 570: 567: 563:109th Congress 529:Alexander Haig 511: 508: 503:Potter Stewart 470: 467: 415: 412: 345: 342: 315:decision that 302: 301: 287: 286: 282: 281: 278: 274: 273: 270: 269:Concur/dissent 266: 265: 262: 261:Concur/dissent 258: 257: 254: 250: 249: 245: 244: 243: 242: 220:Harry Blackmun 204:Potter Stewart 193: 190: 185: 179: 178: 174: 173: 164: 163: 159: 158: 127: 123: 122: 105: 101: 100: 96: 95: 88: 72: 68: 67: 62: 61:Full case name 58: 57: 51: 50: 45: 37: 36: 28: 9: 6: 4: 3: 2: 1266: 1255: 1252: 1250: 1247: 1245: 1242: 1240: 1237: 1235: 1232: 1231: 1229: 1217: 1208: 1199: 1190: 1181: 1174: 1170: 1166: 1162: 1161: 1150: 1146: 1143: 1138: 1132: 1127: 1121: 1116: 1109: 1105: 1102: 1101: 1095: 1088: 1084: 1078: 1069: 1061: 1055: 1047: 1041: 1034: 1029: 1023: 1016: 1011: 1005: 998: 993: 987: 980: 975: 969: 967: 959: 954: 948: 941: 936: 930: 923: 918: 912: 904: 900: 894: 887: 882: 876: 869: 864: 858: 851: 846: 840: 833: 829: 826:. The phrase 825: 822: 818: 813: 811: 802: 796: 792: 788: 787:"Citizenship" 781: 774: 769: 763: 756: 751: 745: 738: 733: 727: 720: 715: 709: 702: 697: 691: 684: 679: 673: 666: 661: 655: 653: 644: 638: 634: 633: 625: 617: 613: 606: 604: 602: 600: 595: 586: 583: 581: 578: 576: 573: 572: 566: 564: 558: 556: 551: 548:Although the 546: 544: 539: 538: 534: 530: 527:in 1980, and 526: 522: 521:Edmund Muskie 518: 507: 504: 500: 495: 492: 487: 484: 479: 476: 466: 464: 458: 456: 452: 448: 443: 439: 437: 432: 426: 424: 423: 411: 409: 405: 401: 396: 394: 389: 385: 381: 379: 373: 369: 365: 363: 359: 358: 353: 352: 351:jus sanguinis 341: 339: 335: 331: 326: 322: 318: 314: 310: 309: 300: 296: 292: 288: 283: 279: 275: 271: 267: 263: 259: 255: 251: 248:Case opinions 246: 241: 237: 233: 229: 225: 221: 217: 213: 209: 205: 201: 197: 194: 191: 189: 186: 184:Chief Justice 183: 182: 180: 175: 171: 165: 160: 156: 153: 149: 145: 141: 138: 134: 133: 128: 124: 120: 116: 113: 109: 106: 102: 97: 92: 86: 85: 80: 77: 73: 69: 66: 63: 59: 52: 48: 38: 33: 27: 19: 1164: 1137: 1126: 1115: 1099: 1094: 1086: 1082: 1077: 1068: 1059: 1054: 1045: 1040: 1027: 1022: 1009: 1004: 991: 986: 973: 952: 947: 934: 929: 916: 911: 903:ABA Journal, 902: 893: 880: 875: 862: 857: 844: 839: 827: 790: 780: 767: 762: 749: 744: 731: 726: 713: 708: 695: 690: 677: 672: 659: 631: 624: 615: 559: 554: 549: 547: 542: 540: 536: 532: 513: 496: 488: 480: 474: 472: 462: 459: 444: 440: 430: 427: 420: 417: 403: 397: 392: 383: 376: 374: 370: 366: 362:dual citizen 355: 349: 347: 307: 306: 305: 285:Laws applied 235: 223: 211: 199: 130:Terrazas v. 129: 107: 99:Case history 82: 64: 26: 616:ABA Journal 565:adjourned. 525:Cyrus Vance 317:established 208:Byron White 1228:Categories 591:References 523:replacing 344:Background 325:taken away 126:Subsequent 824:sec. 1481 497:Justices 144:N.D. Ill. 91:L. Ed. 2d 71:Citations 1163:Text of 1145:Archived 1104:Archived 569:See also 550:Terrazas 489:Justice 481:Justice 469:Dissents 455:Illinois 447:remanded 431:Afroyim, 357:jus soli 264:Marshall 253:Majority 137:F. Supp. 119:7th Cir. 18:Terrazas 1180:Findlaw 414:Opinion 393:Afroyim 384:Afroyim 319:that a 277:Dissent 272:Stevens 162:Holding 1219:  1213:  1210:  1204:  1201:  1198:Justia 1195:  1192:  1186:  1183:  1177:  1031:, 1013:, 995:, 977:, 956:, 938:, 920:, 884:, 866:, 848:, 821:U.S.C. 797:  771:, 753:, 735:, 717:, 699:, 681:, 663:, 639:  618:: 374. 501:, and 238: 236:· 234:  226: 224:· 222:  214: 212:· 210:  202: 200:· 198:  150:, 653 135:, 494 132:Muskie 110:, 577 1171: 832:notes 121:1978) 104:Prior 1173:U.S. 901:." 795:ISBN 637:ISBN 535:and 398:The 152:F.2d 148:Haig 140:1017 112:F.2d 84:more 76:U.S. 74:444 1169:444 1081:67 555:not 453:in 295:XIV 155:285 93:461 79:252 1230:: 1167:, 965:^ 809:^ 789:. 651:^ 614:. 598:^ 340:. 297:; 293:, 834:. 803:. 645:. 380:, 172:. 142:( 117:( 115:7 87:) 81:( 20:)

Index

Terrazas
Supreme Court of the United States
U.S.
252
more
L. Ed. 2d
F.2d
7
7th Cir.
Muskie
F. Supp.
1017
N.D. Ill.
Haig
F.2d
285
preponderance of evidence
Warren E. Burger
William J. Brennan Jr.
Potter Stewart
Byron White
Thurgood Marshall
Harry Blackmun
Lewis F. Powell Jr.
William Rehnquist
John P. Stevens
U.S. Const. amends. V
XIV
Immigration and Nationality Act of 1952
United States Supreme Court

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