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UNITED STATES v. DELMENDO

No. 73-2707.

503 F.2d 98 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Mauro DELMENDO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 16, 1974.

Attorney(s) appearing for the Case

Benjamin J. Cayetano, Honolulu, Hawaii, for defendant-appellant.

Harold M. Fong, U. S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before HUFSTEDLER and GOODWIN, Circuit Judges, and SKOPIL, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

Delmendo appeals from a judgment denaturalizing him pursuant to 8 U.S.C. § 1451(d). The issue is whether the evidence supported the district court's determination that Delmendo lacked intention to reside permanently in the United States when he filed his petition for naturalization. We conclude that the evidence was insufficient and that the district court's contrary conclusion was based on a misapplication of 8 U...

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