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UNITED STATES v. BANAFSHE

No. 78-2685.

616 F.2d 1143 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Parviz BANAFSHE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

April 10, 1980.

Attorney(s) appearing for the Case

Carolyn M. Reynolds, Los Angeles, Cal., argued and on brief, for defendant-appellant.

Donald L. Ungar, Simmons & Ungar, San Francisco, Cal., argued and on brief, for plaintiff-appellee.

Before CHAMBERS and TANG, Circuit Judges, and CAMPBELL, District Judge.

TANG, Circuit Judge:

Parviz Banafshe appeals the judgment of the district court revoking his naturalization as a citizen of the United States on the ground that, under 8 U.S.C. § 1451(a) and (d), he lacked the intent to reside permanently in the United States at the time he filed his petition for naturalization. Banafshe contends that the rebuttable presumption in § 1451(d) which presumes that persons who become permanent foreign residents within five years...

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