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Schneider v. Rusk, 377 U.S. 163 (1964)

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Prior=APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Subsequent=None Holding=A naturalized US citizen has the right to return to their native country, and in de facto resume there former citizenship, has the right to remain a US citizen, even if they never return to the United States. SCOTUS=1 Majority= LawsApplied=U.S. Const. amend. I

Schneider v. Rusk, 377 U.S. 163 (1964) Angelika Schneider was born in Germany. She came to the US with her parents and became a US citizen upon their naturalization at age 16. When she graduated from college, she moved back to here native country Germany.

The State Department claimed Schneider had lost her US citizenship in accordance with a section of the Immigration and Nationality Act which revoked the citizenship of any naturalized citizen who returned to his or her country of birth and remained there for at least three years.

The Supreme Court held that since no provision of the law stripped natural-born Americans of their citizenship as a result of extended or permanent residence abroad, it was unconstitutionally discriminatory to apply such a rule only to naturalized citizens.

Sources

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<http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=377&invol=163

http://www.aca.ch/hisuscit.htm

http://www.richw.org/dualcit/cases.html

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0377_0163_ZD.html

http://www.enotes.com/american-court-cases/schneider-v-rusk


24.192.149.137 (talk) 00:03, 6 February 2008 (UTC) Articles for creation/2008-02-05[reply]


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