''Rogers v. Bellei'', 401 U.S. 815 (1971), was a decision by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
, which held that an individual who received an automatic congressional grant of citizenship at birth, but who was born outside the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, may lose his citizenship for failure to fulfill any reasonable residence requirements which the
United States Congress
The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
may impose as a
condition subsequent to that citizenship.
The case
The appellee, Aldo Mario Bellei, was born in Italy to an Italian father and an American mother. He acquired U.S. citizenship by virtue of section 1993 of the
Revised Statutes of 1874, which conferred citizenship upon any child born outside the United States of only one American parent (known as ''
jus sanguinis
( or , ), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents. Children at birth may be nationals of a particular state if either or both of thei ...
''). Bellei received several warnings from government officials that failure to fulfill the five-year residency requirement before age 28 could result in loss of his U.S. citizenship. In 1964, he received a letter informing him that his citizenship had been revoked under § 301(b) of the
Immigration and Nationality Act of 1952
The Immigration and Nationality Act of 1952 (), also known as the McCarran–Walter Act, codified under Title 8 of the United States Code (), governs immigration to and citizenship in the United States. It came into effect on June 27, 1952. The l ...
.
Bellei challenged the constitutionality of this act. The three-judge District Court held the section unconstitutional, citing ''
Afroyim v. Rusk'', and ''
Schneider v. Rusk''.
The Supreme Court reversed the decision, ruling against Bellei.
Later
The statute under which Bellei was stripped of his citizenship was repealed by the U.S. Congress in 1978.
See also
*
List of United States Supreme Court cases, volume 401
*''
Afroyim v. Rusk'',
References
Further reading
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External links
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{{DEFAULTSORT:Rogers v. Bellei
1971 in United States case law
United States Supreme Court cases
United States Supreme Court cases of the Burger Court
United States immigration and naturalization case law
History of immigration to the United States