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Rogers v. Bellei

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End date
  
1971

Full case name
  
William P. Rogers, Secretary of State, Appellant, v. Aldo Mario Bellei

Citations
  
401 U.S. 815 (more) 91 S.Ct. 1060; 28 L.Ed.2d 499

Prior history
  
Appeal from the United States District Court for the District of Columbia

Majority
  
Blackmun, joined by Burger, Harlan, Stewart, White

Dissent
  
Black, joined by Douglas, Marshall

Dissent
  
Brennan, joined by Douglas

Similar
  
Afroyim v Rusk, Lum v Rice, Elk v Wilkins, Pace v Alabama, Perez v Sharp

Rogers v. Bellei, 401 U.S. 815 (1971), was a decision by the United States Supreme Court, which held that an individual who received an automatic congressional grant of citizenship at birth, but who was born outside the United States, may lose his citizenship for failure to fulfill any reasonable residence requirements which the United States Congress may impose as a condition subsequent to that citizenship.

The appellee, Aldo Mario Bellei, was born in Italy to an Italian father and an American mother. He acquired U.S. citizenship by virtue of section 1993 of the Revised Statutes of 1874, which conferred citizenship upon any child born outside the United States of only one American parent (known as jus sanguinis). Bellei received several warnings from government officials that failure to fulfill the five-year residency requirement before age 28 could result in loss of his U.S. citizenship. In 1964, he received a letter informing him that his citizenship had been revoked under ยง 301(b) of the Immigration and Nationality Act of 1952. Bellei challenged the constitutionality of this act. The three-judge District Court held the section unconstitutional, citing Afroyim v. Rusk, and Schneider v. Rusk. The Supreme Court reversed the decision, ruling against Bellei.

Later

The statute under which Bellei was stripped of his citizenship was repealed by the U.S. Congress in 1978.

References

Rogers v. Bellei Wikipedia