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TALBOT v. ACHESON

January 30, 1951

TALBOT
v.
ACHESON, Secretary of State



The opinion of the court was delivered by: BASTIAN

He left Ethiopia on January 20, 1946, and arrived in the United States February 20, 1946. After attempting, without success, to find employment in the United States, he entered into another contract with the Ethiopian Government which was to run for three years.

 Plaintiff again left the United States in June 1946 to go to Ethiopia, where he remained until the termination of his new three-year contract, at which time he applied for a visa for return to the United States. This request was refused on or about July 27, 1949, and at or about that time a Certificate of Loss of Nationality was issued, on the ground that plaintiff had resided continuously in Ethiopia for more than five years except for a 'vacation' in the United States. His loss of nationality was based on the provisions of Title 8, Section 804, U.S.C.A. The pertinent parts of the statutes involved read:

 'Sec. 804. Expatriation of naturalized nationals by residence abroad

 'A person who has become a national by naturalization shall lose his nationality by:

 '(c) Residing continuously for five years in any other foreign state, except as provided in section 806 hereof. Oct. 14, 1940, c. 876, Title I, Subchap. IV, Sec. 404, 54 Stat. 1170.' Section 504 of Title 8 U.S.C.A. provides:

 'Sec. 504. Place of general abode

 'For the purposes of sections 601, 707(b), 803, 804, 805, 806, and 807 of this chapter, the place of general abode shall be deemed the place of residence. Oct. 14, 1940, c. 876, Title I, Subchap. I, Sec. 104, 54 Stat. 1138.'

 Plaintiff was admitted to the United States on or about December 18, 1950, for the purpose of prosecuting this case, which he filed after the refusal to admit him.

 Plaintiff testifies that he did not intend to return again to Ethiopia when he came back to this country early in 1946, but that he intended to find employment in the country of his adoption, and the Court so finds. It is true that in April 1946 he asked for the revalidation of his passport but this request was evidently written to provided for the contingency of his not obtaining suitable employment here.

 The Court, therefore, finds that the plaintiff intended to and did take up his residence and 'place of general abode' in this country on his return from Ethiopia in 1946.

 The Court believes that, even if it did not find the facts above set for the, the plaintiff is entitled to prevail in this case. Certainly, plaintiff never, since his naturalization, resided 'continuously for five years in any other foreign state.' The word 'continuous' has been defined as follows by Funk and Wagnalls Standard Dictionary:

 'connected, extended, or prolonged without separation or interruption of sequence; unbroken; uninterrupted; unintermitted.'

 An example of the use of that word has been given by that authority as: 'Space and time are continuous.' Certainly it cannot be said that plaintiff's residence in Ethiopia was ...


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