Podea v. Acheson’s Empirical Analysis
179 F.2d 306 · 1950
Citation profile
29 federal appellate · 5 district ·
How this case has been cited
Cited by 52 later decisions (1 by the Supreme Court) — most recently July 2020 · most notably Montana v. Kennedy (1961), Santiago v. Immigration & Naturalization Service (1975)
29 federal appellate · 5 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 8 U.S.C. § 801
Relies on Perkins v. Elg · Dos Reis ex rel. Camara v. Nicolls · Sleddens v. Shaughnessy · 45 F. Supp. 61 - Schaufus v. Attorney General of United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It seems most technical to hold that the plaintiff did not act under duress. In our opinion he never voluntarily expatriated himself by taking an oath of allegiance to Roumania or by service in the Roumanian army. Both steps were required by the situation in which he found himself, were primarily caused by the erroneous advice of the State Department and were farthest from his real purpose.” 179 F.2d at 309 .”
2 later decisions quote this exact passage · from the majority““A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by: “(a) Obtaining naturalization in a foreign state, either upon his own . application or through the naturalization of a parent having legal custody of such person: * * * : Provided * * * , That a person who has acquired foreign nationality through the naturalization of his parent or parents, and who at thé same time is a citizen of the United States, shall, if abroad and he has not heretofore expatriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of this chapter to return to the United States and take up permanent residence therein, and it shall be thereafter deemed that he is elected to be an American citizen. Failure on the part of such person to so return and take up permanent residence in the United States during such period shall be deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claiming such American citizenship(Emphasis by the Court.)”
1 later decision quote this exact passage · from the majoritye.g. Rueff v. Brownell““That any American citizen shall be deemed to have expatriated himself * * * when he has taken an oath of allegiance to any foreign state.””
1 later decision quote this exact passage · from the majoritye.g. Pandolfo v. Acheson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.