United States District Court, Eastern District of Wisconsin
May 14, 1970
UNITED STATES OF AMERICA, PLAINTIFF,
ROMAN SIEMZUCH, DEFENDANT.
The opinion of the court was delivered by: Myron L. Gordon, District Judge.
DECISION and ORDER
Trial was held in this case on March 12, 1970, and at the
conclusion of the hearing, the court's ruling was withheld
pending the submission of briefs. Those documents have now been
received and considered.
There is no dispute as to the material facts in the case. The
defendant was admitted to citizenship by the circuit court of
Marinette county on August 4, 1966. The record is clear that Mr.
Siemzuch failed in open court to take all of the oath of
allegiance required by 8 U.S.C. § 1448(a), nor did he take any of
the alternative phrases authorized in other sections of the
In my opinion, the government has established that in failing
to subscribe to a requisite portion of the oath, Mr. Siemzuch has
been shown to have illegally procured naturalization. This is
true notwithstanding the absence of any affirmative
misrepresentation, fraud or concealment on the part of Mr.
Siemzuch or his witnesses. United States v. Ginsberg,
243 U.S. 472, 37 S.Ct. 422, 61 L.Ed. 853 (1916).
It is my conclusion that within the meaning of 8 U.S.C. § 1451(a)
the United States is entitled to an order cancelling the
certificate of naturalization.
Now, therefore, it is ordered that judgment be and hereby is
granted in favor of the plaintiff cancelling the certificate of
naturalization issued to the defendant on August 4, 1966.
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