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Additionally, Stevens felt that Congress had not adequately addressed the question of specific intent to relinquish U.S. citizenship.
Moreover, as now written, the statute cannot fairly be read to require a finding of specific intent to relinquish citizenship".
If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship".
When a case involving possible expatriation comes to the attention of a U.S. consular officer, the officer will normally "simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act.
The 7th Circuit Court of Appeals ruled that according to Afroyim v. Rusk, "Congress is constitutionally devoid of the power" to revoke citizenship; and further, 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 clear, convincing and unequivocal evidence.
In a 1980 case, however Vance v. Terrazas —the Supreme Court ruled that intent to relinquish citizenship needed to be proved by itself, and not simply inferred from an individual's having voluntarily performed an action designated by Congress as being incompatible with an intent to keep one's citizenship.
Similar(48)
Creangă eventually moved out of the monastery, but refused to relinquish his key to the church basement, and, in what was probably a modernizing intent, chopped off his long hair, one of the traditional marks of an Orthodox priest.
It was a difficult fantasy to relinquish.
He also plans to relinquish directorial control.
I didn't want to relinquish that".
The military council has to relinquish power.
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