Costello v. United States

365 U.S. 265 (1961)

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Nature of the Case

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Facts

D was naturalized in 1925. At that time, he listed his occupation as real estate when P was a bootlegger. In 1952, the United States (P) brought a denaturalization action against P under Section 340(a) on the ground that such order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation. The first complaint was dismissed based on tainted evidence based on wiretapping. The court of appeals reversed, and the Supreme Court reversed as well in that P failed to file an affidavit of good cause. A second naturalization complaint, this time with an affidavit of good. cause was brought. The Court revoked D’s citizenship in 1959. D appealed, and it was affirmed, and once again the Supreme Court granted certiorari. D contends in part that laches should bar the proceeding.