Peter Chaunt v. United States

295 F.2d 319 (9th Cir. 1961) · United States Court of Appeals for the Ninth Circuit · October 11, 1961 · No. No. 15843

Summary

The Ninth Circuit reconsidered Peter Chaunt’s denaturalization after the Supreme Court reversed its earlier decision concerning concealment of prior arrests. The court held that the evidence supported a finding that Chaunt had been a Communist Party member when he applied for naturalization, but that his disclosure of membership in and employment by the International Workers Order sufficiently disclosed his communist affiliations to avoid fraudulent concealment. The court reversed the district court’s judgment revoking his citizenship.

Holdings

  1. The alleged untruthful answer concerning Chaunt's attachment to the principles of the Constitution could not support denaturalization because the Government had abandoned that theory in light of Nowak and Maisenberg.
  2. The evidence supported the district court's finding that Chaunt was a member of the Communist Party at approximately the time he petitioned for naturalization.
  3. Mere membership and activity in the Communist Party were not, under the applicable naturalization law, sufficient by themselves to warrant denaturalization.
  4. Chaunt's disclosure that he belonged to and worked for the International Workers Order was sufficient disclosure of his Communist affiliations to put the Government on inquiry; therefore, his answer that he belonged to no other organization did not establish fraudulent concealment sufficient to revoke naturalization.

Questions Presented

  1. Whether Chaunt's alleged misrepresentation of his attachment to the principles of the Constitution and allegiance to the United States could support denaturalization after Nowak v. United States and Maisenberg v. United States.
  2. Whether the evidence supported the finding that Chaunt was a member of the Communist Party around the time of his naturalization application.
  3. Whether Communist Party membership and activity, together with Chaunt's answer that he belonged only to the International Workers Order, established fraudulent concealment sufficient to revoke his naturalization.

Disposition

reversed

Cases Cited (8)

  • Peter Chaunt v. United States, 270 F.2d 179 (9th Cir. 1959)(reversed on other grounds)
  • Peter Chaunt v. United States, 364 U.S. 350, 81 S.Ct. 147, 5 L.Ed.2d 120 (1960)(followed)
  • Nowak v. United States, 356 U.S. 660, 78 S.Ct. 955, 2 L.Ed.2d 1048 (1958)(followed)
  • Maisenberg v. United States, 356 U.S. 670, 78 S.Ct. 960, 2 L.Ed.2d 1056 (1958)(followed)
  • Schneiderman v. United States, 320 U.S. 118, 158, 63 S.Ct. 1333, 87 L.Ed. 1796 (1943)(followed)
  • Costello v. United States, 365 U.S. 265, 81 S.Ct. 534, 5 L.Ed.2d 551 (1961)(followed)
  • United States v. Anastasio, 226 F.2d 912 (3d Cir. 1955)(followed by analogy)
  • Thompson v. Maxwell Land Grant Co., 168 U.S. 451, 456, 18 S.Ct. 121, 42 L.Ed. 439 (1897)(followed)

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