8 U.S.C. § 1451 : US Code - Section 1451: Revocation of naturalization

Search 8 U.S.C. § 1451 : US Code - Section 1451: Revocation of naturalization

    (a) Concealment of material evidence; refusal to testify
      It shall be the duty of the United States attorneys for the
    respective districts, upon affidavit showing good cause therefor,
    to institute proceedings in any district court of the United States
    in the judicial district in which the naturalized citizen may
    reside at the time of bringing suit, for the purpose of revoking
    and setting aside the order admitting such person to citizenship
    and canceling the certificate of naturalization on the ground that
    such order and certificate of naturalization were illegally
    procured or were procured by concealment of a material fact or by
    willful misrepresentation, and such revocation and setting aside of
    the order admitting such person to citizenship and such canceling
    of certificate of naturalization shall be effective as of the
    original date of the order and certificate, respectively: Provided,
    That refusal on the part of a naturalized citizen within a period
    of ten years following his naturalization to testify as a witness
    in any proceeding before a congressional committee concerning his
    subversive activities, in a case where such person has been
    convicted of contempt for such refusal, shall be held to constitute
    a ground for revocation of such person's naturalization under this
    subsection as having been procured by concealment of a material
    fact or by willful misrepresentation. If the naturalized citizen
    does not reside in any judicial district in the United States at
    the time of bringing such suit, the proceedings may be instituted
    in the United States District Court for the District of Columbia or
    in the United States district court in the judicial district in
    which such person last had his residence.
    (b) Notice to party
      The party to whom was granted the naturalization alleged to have
    been illegally procured or procured by concealment of a material
    fact or by willful misrepresentation shall, in any such proceedings
    under subsection (a) of this section, have sixty days' personal
    notice, unless waived by such party, in which to make answers to
    the petition of the United States; and if such naturalized person
    be absent from the United States or from the judicial district in
    which such person last had his residence, such notice shall be
    given either by personal service upon him or by publication in the
    manner provided for the service of summons by publication or upon
    absentees by the laws of the State or the place where such suit is
    brought.
    (c) Membership in certain organizations; prima facie evidence
      If a person who shall have been naturalized after December 24,
    1952 shall within five years next following such naturalization
    become a member of or affiliated with any organization, membership
    in or affiliation with which at the time of naturalization would
    have precluded such person from naturalization under the provisions
    of section 1424 of this title, it shall be considered prima facie
    evidence that such person was not attached to the principles of the
    Constitution of the United States and was not well disposed to the
    good order and happiness of the United States at the time of
    naturalization, and, in the absence of countervailing evidence, it
    shall be sufficient in the proper proceeding to authorize the
    revocation and setting aside of the order admitting such person to
    citizenship and the cancellation of the certificate of
    naturalization as having been obtained by concealment of a material
    fact or by willful misrepresentation, and such revocation and
    setting aside of the order admitting such person to citizenship and
    such canceling of certificate of naturalization shall be effective
    as of the original date of the order and certificate, respectively.
    (d) Applicability to citizenship through naturalization of parent
      or spouse
      Any person who claims United States citizenship through the
    naturalization of a parent or spouse in whose case there is a
    revocation and setting aside of the order admitting such parent or
    spouse to citizenship under the provisions of subsection (a) of
    this section on the ground that the order and certificate of
    naturalization were procured by concealment of a material fact or
    by willful misrepresentation shall be deemed to have lost and to
    lose his citizenship and any right or privilege of citizenship
    which he may have, now has, or may hereafter acquire under and by
    virtue of such naturalization of such parent or spouse, regardless
    of whether such person is residing within or without the United
    States at the time of the revocation and setting aside of the order
    admitting such parent or spouse to citizenship. Any person who
    claims United States citizenship through the naturalization of a
    parent or spouse in whose case there is a revocation and setting
    aside of the order admitting such parent or spouse to citizenship
    and the cancellation of the certificate of naturalization under the
    provisions of subsection (c) of this section, or under the
    provisions of section 1440(c) of this title on any ground other
    than that the order and certificate of naturalization were procured
    by concealment of a material fact or by willful misrepresentation,
    shall be deemed to have lost and to lose his citizenship and any
    right or privilege of citizenship which would have been enjoyed by
    such person had there not been a revocation and setting aside of
    the order admitting such parent or spouse to citizenship and the
    cancellation of the certificate of naturalization, unless such
    person is residing in the United States at the time of the
    revocation and setting aside of the order admitting such parent or
    spouse to citizenship and the cancellation of the certificate of
    naturalization.
    (e) Citizenship unlawfully procured
      When a person shall be convicted under section 1425 of title 18
    of knowingly procuring naturalization in violation of law, the
    court in which such conviction is had shall thereupon revoke, set
    aside, and declare void the final order admitting such person to
    citizenship, and shall declare the certificate of naturalization of
    such person to be canceled. Jurisdiction is conferred on the courts
    having jurisdiction of the trial of such offense to make such
    adjudication.
    (f) Cancellation of certificate of naturalization
      Whenever an order admitting an alien to citizenship shall be
    revoked and set aside or a certificate of naturalization shall be
    canceled, or both, as provided in this section, the court in which
    such judgment or decree is rendered shall make an order canceling
    such certificate and shall send a certified copy of such order to
    the Attorney General. The clerk of court shall transmit a copy of
    such order and judgment to the Attorney General. A person holding a
    certificate of naturalization or citizenship which has been
    canceled as provided by this section shall upon notice by the court
    by which the decree of cancellation was made, or by the Attorney
    General, surrender the same to the Attorney General.
    (g) Applicability to certificates of naturalization and citizenship
      The provisions of this section shall apply not only to any
    naturalization granted and to certificates of naturalization and
    citizenship issued under the provisions of this subchapter, but to
    any naturalization heretofore granted by any court, and to all
    certificates of naturalization and citizenship which may have been
    issued heretofore by any court or by the Commissioner based upon
    naturalization granted by any court, or by a designated
    representative of the Commissioner under the provisions of section
    702 of the Nationality Act of 1940, as amended, or by such
    designated representative under any other act.
    (h) Power to correct, reopen, alter, modify, or vacate order
      Nothing contained in this section shall be regarded as limiting,
    denying, or restricting the power of the Attorney General to
    correct, reopen, alter, modify, or vacate an order naturalizing the
    person.