Once the person has been sworn in as a naturalized United States citizen, s/he cannot be deported unless naturalized citizenship is first revoked through the denaturalization process.[77]  Denaturalization, which is very rare, generally occurs upon the discovery of some fact that, if known at the time citizenship was granted, would have prevented naturalization.[78]  Denaturalization can also occur where the naturalized citizen obtained his or her LPR status improperly or through misrepresentation.[79]  Such misrepresentations must be material.[80] 

               

                Denaturalization can happen through a proceeding before a federal civil court, in an administrative proceeding,[81] or as part of a criminal sentence for a conviction of knowing naturalization by fraud under 28 U.S.C. § 1425.[82]  Even after denaturalization, a noncitizen cannot be deported for convictions occurring prior to denaturalization.[83]

[77] See United States v. Zajanckauskas, 441 F.3d 32 (1st Cir. Mar. 23, 2006) (U.S. naturalized citizenship of a former soldier in the German Army who participated in the clearing of the Warsaw Ghetto during WWII is revoked); United States v. Alferahin, 433 F.3d 1148 (9th Cir. Jan. 11, 2006) (conviction of knowingly procuring naturalization contrary to law, in violation of INA § 314(a), 8 U.S.C. § 1425(a), reversed for ineffective assistance of counsel since jury instructions were incomplete, and defense attorney declined the court’s offer to instruct the jury on the element of materiality); United States v. Kumpf, 438 F.3d 785 (7th Cir. Feb. 23, 2006) (affirming grant of summary judgment for the government in a denaturalization case where the naturalized individual illegally gained his entry visa by hiding his personal assistance in the persecution of civilians as a Waffen SS guard in Nazi concentration camps during World War II, rejecting equal protection argument).

[78] “The basis for the revocation is that the order and certificate were procured illegally or by the concealment of a material fact or by willful misrepresentation.”  INA § 340(a), 8 U.S.C. § 1451(a).  See, e.g., United States v. Zajanckauskas, 441 F.3d 32 (1st Cir. Mar. 23, 2006) (U.S. naturalized citizenship of a former soldier in the German Army who participated in the clearing of the Warsaw Ghetto during WWII is revoked); United States v. Singh, 94 F.Supp.2d 540 (W.D. Pa. 1999) (where naturalized citizen pleaded guilty to a crime that antedated his application, INS was denied revocation by summary judgment because citizen’s failure to note on his naturalization application that he had committed a crime for which he was not arrested was a factual question).  See also Amy D. Ronner, Article, Denaturalization And Death: What It Means To Preclude The Exercise Of Judicial Discretion, 20 GEO. IMMIGR. L.J. 101 (Fall, 2005).

[79] See, e.g., United States v. Szehinskyj, 277 F.3d 331 (3d Cir. 2002); United States v. Tittjung, 235 F.3d 330 (7th Cir. 2000); United States v. Tarango-Pena, 173 F.Supp.2d 588 (E.D. Tex. 2001) (naturalization revoked where LPR status was procured by fraud because petitioning wife was not a United States citizen, but a citizen of Mexico); United States v. Wasylyk, 162 F. Supp. 2d 86, 87089 (N.D.N.Y. 2001) (Nazi denaturalization case where LPR status illegally procured because respondent was a war criminal).

[80] United States v. Puerta, 982 F.2d 1297 (9th Cir. 1992) (failure to list an alias and stating the applicant had never left the United States when he had done so could not be the basis of a criminal conviction unless the government could show the true facts rendered the person ineligible to naturalize).  But see United States v. Rogers, 908 F.Supp. 219 (S.D.N.Y. 1995) (materiality of the statement is not an element of this criminal offense).

[81] But see Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000) (en banc) (reguations allowing Attorney General to denaturalize a United States citizen are void since they are without statutory authority).

[82] See, e.g., United States v. Pasillas-Gaytan, 192 F.3d 864 (9th Cir. 1994); United States v. Moses, 94 F.3d 182 (5th Cir. 1996); United States v. Maruno, 40 F.3d 1212 (11th Cir. 1994).

[83] Costello v. INS, 376 U.S. 120 (1964) (person who was convicted of two crimes involving moral turpitude while he was a United States citizen cannot be deported on account of them after he lost his citizenship through denaturalization).  See also Amy D. Ronner, Article, Denaturalization And Death: What It Means To Preclude The Exercise Of Judicial Discretion, 20 GEO. IMMIGR. L.J. 101 (Fall, 2005).

CITIZENSHIP " DENATURALZATION
United States v. Gomez, __ F.Supp.2d __, 2013 WL 2147021 (S.D. Fla. May 15, 2013) (revoking naturalization where noncitizen failed to disclose conviction for drug trafficking on naturalization application).

CITIZENSHIP " NATURALIZATION " DENATURALIZATION " BURDEN
Klapprott v. United States, 335 U.S. 601 (1949) (Furthermore, because of the grave consequences incident to denaturalization proceedings we have held that a burden rests on the Government to prove its charges in such cases by clear, unequivocal and convincing evidence which does not leave the issue in doubt. Schneiderman v. United States, 320 U.S. 118, 158, 1352. This burden is substantially identical with that required in criminal cases-proof beyond a reasonable doubt.).

Ninth Circuit

DENATURALIZATION - UNLAWFUL ACTS COMMITTED DURING GMC PERIOD
United States v. Dang, 488 F.3d 1135 (9th Cir. May 24, 2007) (8 C.F.R. 316.10(b)(3)(iii), barring good moral character based on commission of "unlawful acts that adversely reflect upon the applicants moral character, or was convicted or imprisoned for such acts" is not ultra vires to INA 101(f)).

DENATURALIZATION - UNLAWFUL ACTS COMMITTED DURING GMC PERIOD
United States v. Dang, 488 F.3d 1135 (9th Cir. May 24, 2007) (8 C.F.R. 316.10(b)(3)(iii), barring good moral character based on commission of "unlawful acts that adversely reflect upon the applicants moral character, or was convicted or imprisoned for such acts" is not ultra vires to INA 101(f)).

DENATURALIZATION - UNLAWFUL ACTS COMMITTED DURING GMC PERIOD
United States v. Dang, 488 F.3d 1135 (9th Cir. May 24, 2007) (8 C.F.R. 316.10(b)(3)(iii), barring good moral character based on commission of "unlawful acts that adversely reflect upon the applicants moral character, or was convicted or imprisoned for such acts" is not ultra vires to INA 101(f)).