kungys argued april decided may immigration nationality act provides denaturalization citizens whose citizenship orders certificates naturalization illegally procured procured concealment material fact willful misrepresentation filed complaint pursuant denaturalize petitioner came immigration visa applied germany naturalized citizen district entered judgment petitioner rejected government first claim petitioner participated executing lithuanian citizens jewish holding evidence insufficient sustain charges regarding government second claim held although petitioner made false statements inter alia date place birth visa naturalization applications misrepresentations material within meaning illuminated chaunt also rejected government third asserted ground denaturalization petitioner citizenship illegally procured lack good moral character required naturalization although makes giving false testimony obtain immigration naturalization benefits determinative lack good moral character ruled petitioner false statements covered provision material appeals declined pass government submission first claim upheld district rejection third asserted ground denaturalization however appeals reversed district rejection second ground concluding petitioner willful misrepresentation visa naturalization applications date place birth material purposes concealment misrepresentation provision appeals therefore reversed judgment district remanded denaturalization proceedings held judgment appeals reversed case remanded reversed remanded justice scalia delivered opinion respect parts concluding purposes concealment misrepresentation provision test whether concealments misrepresentations material whether shown clear unequivocal convincing evidence predictably capable affecting natural tendency affect immigration naturalization service decisions test consistent lower federal courts uniform understanding materiality concept embodied federal statutes criminalizing false statements public officials see dicta chaunt used construct different materiality standard immigration context materiality federal statutes issue law one fact must decided trier facts pp contrary appeals holding purposes government claim illegally procured provision impose materiality requirement false testimony section provides person shall deemed good moral character given false testimony purpose obtaining immigration naturalization benefits given plain meaning denominating one made false oral statements oath subjective intent obtaining immigration naturalization benefits absence materiality requirement explained fact primary purpose like misrepresentation clause prevent false pertinent data introduced naturalization process identify lack good moral character pp justice scalia joined chief justice justice brennan part justice concluded parts natural tendency test petitioner misrepresentation date place birth naturalization petition shown clearly unequivocally convincingly material within meaning concealment misrepresentation provision improper address episode petitioner made misrepresentation visa application since concealment misrepresentation clause limited falsehoods deceptions procure order certificate naturalization petitioner naturalization petition showing date place birth relevant qualifications citizenship true information supplied predictably disclosed facts relevant qualifications purposes determining natural tendency misrepresentation affect decision must natural tendency influence official decision misrepresentation failure create inconsistency earlier misrepresentation third circuit remand determine whether misrepresentations concealments district found made supported evidence material naturalization decision reach another independent issue whether petitioner procured citizenship means misrepresentations concealments require government establish causality naturalization granted misrepresentations concealments occurred section procured language read express notion one obtained citizenship proceeding made material misrepresentations presumably unqualified naturalized citizen able refute presumption avoid consequence denaturalization showing preponderance evidence statutory requirement misrepresentation natural tendency produce favorable decision fact met pp although third circuit erred importing materiality requirement denaturalization affirmed alternative basis section question whether misrepresentation made petitioner constituted false testimony purpose obtaining immigration naturalization benefits answered without resolving additional question law resolve case must remanded whether petitioner misrepresentation constituted testimony moreover additional question must resolved trier fact whether making misrepresentations petitioner possessed subjective intent thereby obtaining immigration naturalization benefits justice stevens joined justice marshall justice blackmun vacate decision remand proceedings consistent following conclusions conclusion chaunt government denaturalize citizen misrepresentation clause without proving existence disqualifying fact supported requirement misrepresentation material requirement procure citizenship together separately materiality procurement requirements reflect congressional intent citizenship status taken away unless government proves defendant qualified hold status time citizenship obtained misrepresentation material within meaning capable influencing decision whether confer citizenship decision whether confer citizenship objective one statements capable influencing outcome conceal disqualifying facts prevent hinder discovery disqualifying facts demonstrate citizenship procured material misrepresentation government must demonstrate clear unequivocal convincing evidence relied misrepresentation deciding whether confer citizenship unless disqualifying fact existed said misrepresentation procured citizenship thus existence disqualifying fact necessary element government proof materiality reliance pp citizen found lack good moral character giving false testimony purpose obtaining benefits naturalization laws unless false statements material actual effect securing benefit immigration naturalization laws materiality requirement implicit fedorenko held language displaced persons act providing exclusion persons willfully made misrepresentations purpose gaining admission implicitly included materially requirement logic decision fedorenko applies equally objective test whether false statement made purpose obtaining benefit immigration laws reasonable subjective test objective test consistent heavy burden proof borne government denaturalization cases virtue diminishing risk erroneous determinations pp donald williamson reargued cause petitioner briefs michael rehill ivars berzins robert klonoff reargued cause briefs solicitor general fried assistant attorney general weld deputy solicitor general bryson samuel rosenthal michael wolf joseph lynch william hemsley frank campbell filed brief compact et al amici curiae urging reversal briefs amici curiae urging affirmance filed league et al ruti teitel justin finger jeffrey sinensky jovi tenev world jewish congress eli rosenbaum robert lande justice scalia announced judgment delivered opinion parts opinion parts chief justice justice brennan joined part justice joined juozas kungys seeks review judgment opinion third circuit remanding case completion denaturalization proceedings issues presented first whether certain misrepresentations concealments made kungys connection naturalization proceeding material within meaning immigration nationality act stat amended chaunt second whether misrepresentations made oath form forged documents rendered kungys citizenship illegally procured established lacked requisite good moral character naturalized years ago petitioner applied immigration visa stuttgart germany visa issued came naturalized citizen acting office special investigations department justice filed complaint pursuant denaturalize advanced three grounds first attempted show kungys participated executing lithuanian civilians jewish kedainiai lithuania july august proof claim offered evidence three videotaped depositions taken use case soviet union determining numerous reasons depositions inherently unreliable district admitted limited purpose showing atrocities actually occurred district held admissible evidence insufficient sustain charges kungys participated kedainiai atrocities second attempted show applying visa naturalization petition kungys made false statements respect date place birth wartime occupations wartime residence district found misrepresentations made held material within meaning illuminated language chaunt supra third argued kungys citizenship illegally procured naturalized lacked good moral character required applicants citizenship support theory asserted kungys false representations whether material sufficient show given false testimony obtain immigration naturalization benefits makes determinative lack good moral character district ruled false statements issue covered material rejected three asserted grounds denaturalization district entered judgment kungys supp nj appealed third circuit declined pass submission first asserted ground participation kedainiai atrocities wrongfully rejected error failing admit unqualifiedly depositions reversed however district rejection second ground concluding kungy willful misrepresentation date place birth connection applications visa naturalization longer disputed material purposes concealment misrepresentation provision finally third circuit upheld district rejection third asserted ground denaturalization agreeing order establish illegal procurement account lack good moral character false testimony must shown material granted certiorari heard argument last term question materiality standard applies concealment misrepresentation clause false testimony provision incorporated illegally procured clause june restored case calendar directed parties file supplemental briefs addressing certain questions case reargued october ii noted provides denaturalization citizens whose citizenship orders certificates naturalization procured concealment material fact willful misrepresentation previously suggested parties dispute requires misrepresentations concealments willful material see fedorenko understood provision plainly contains four independent requirements naturalized citizen must misrepresented concealed fact misrepresentation concealment must willful fact must material naturalized citizen must procured citizenship result misrepresentation concealment longer dispute first two requirements met since petitioner concedes willfully misrepresented date place birth naturalization proceeding well applying visa occasion consider last two requirements twice chaunt held naturalized citizen willfully falsely stated naturalization process never arrested nevertheless denaturalized pursuant year later costello held naturalized citizen willfully falsely stated naturalization process occupation real estate fact accurately described bootlegging denaturalized pursuant neither case opinion purport announce conclusive judicial test guide determination whether given misrepresentation concealment material whether procured naturalization certificate indeed neither case opinion clearly differentiate two separate requirements nevertheless thought test materiality profitably derived certain language chaunt language comes end opinion summarizing holding government failed show clear unequivocal convincing evidence either facts suppressed known warranted denial citizenship disclosure might useful investigation possibly leading discovery facts warranting denial citizenship efforts make formulation test materiality met notable success courts appeals failed arrive single interpretation compare riela rossi kassab ins langhammer hamilton one attempt dispel confusion see fedorenko blackmun concurring judgment seemingly produced least three variants see blackmun concurring judgment white dissenting stevens dissenting wisdom experience conclude attempts construct standard chaunt dicta unnecessary unfortunate term material hapax legomenon use context false statements public officials goes back far lord coke defined crime perjury follows perjury crime committed lawful oath ministred hath authority person judicial proceeding sweareth absolutely falsly matter material issue cause question act subornation others coke institutes ed one might perhaps view chaunt test repudiation established meaning material attempt craft precise test constitutes natural tendency influence naturalization decision surely however less need precision criminal context denaturalization context general formulation preferable think judgment question lend mechanical resolution disagreement district appeals fedorenko turned whether chaunt test required truth told investigation resulted disclosed disqualifying facts rather investigation resulted might disclosed disqualifying facts fedorenko supra white dissenting ultimate question natural tendency influence seem make little difference whether probabilities investigation resulting disclosure respectively even never test materiality misrepresentation concealment likely produced erroneous decision even likely triggered investigation thus chaunt formulation may adequate explanation misrepresentation case judged natural tendency influence decision necessarily facilitate judgment infinite variety factual patterns may emerge perhaps employ costello year later think safer naturalization context elsewhere fix guide central object inquiry whether misrepresentation concealment predictably capable affecting natural tendency affect official decision official decision question course whether applicant meets requirements citizenship test specifically whether misrepresentation concealment natural tendency produce conclusion applicant qualified test must met course evidence clear unequivocal convincing see schneiderman though formulation may seem less verbally precise chaunt application may well produce greater uniformity since judges accustomed using consult large body case precedent hold therefore test whether kungys concealments misrepresentations material whether natural tendency influence decisions immigration naturalization service determine effect holding upon disposition present case must first consider whether materiality issue law may decide one fact must decided trial see reason follow done materiality requirement statutes dealing misrepresentations public officers materiality falsely sworn element crime perjury one sinclair sixth circuit said case involving lthough materiality statement rests upon factual evidentiary showing ultimate finding materiality turns interpretation substantive law since responsibility interpret substantive law believe proper treat issue materiality legal question abadi cert denied turn whether one misrepresentation trial finding considered upheld third circuit misrepresentation date place kungys birth material foregoing test discussed earlier kungys made misrepresentation visa proceeding naturalization proceeding insofar application concealment misrepresentation clause concerned find improper address episode unlike covers false testimony purpose obtaining benefits immigration naturalization laws concealment misrepresentation clause applies order certificate naturalization procured concealment material fact willful misrepresentation procurement benefits including visas covered especially light contrast unpersuaded government argument misrepresentation visa proceeding procures naturalization obtains residence turn prerequisite naturalization see argument made respect misrepresentation effects free enrollment reading course produces prerequisite english literacy see analysis stretches concealment misrepresentation clause beyond intent think limited falsehoods deceptions naturalization proceeding looking therefore solely question whether kungys misrepresentation date place birth naturalization petition material within meaning conclude suggestion facts relevant qualifications citizenship even though misrepresentation natural tendency influence citizenship determination thus misrepresentation material facts true date place birth predictably disclosed facts relevant qualifications even found third circuit merely held ad kungys told truth time applied citizenship discrepancies truth visa materials resulted either field investigation outright denial petition investigation transpired investigation probably resulted denial petition since tended prove ineligibility visa first instance case previously noted defendant claim persecution nazis directly related eligibility called question leave third circuit remand determine whether misrepresentations concealments district found made supported evidence material naturalization decision standard described bearing mind unusually high burden proof denaturalization cases baumgartner schneiderman reach fourth issue described earlier analysis whether kungys procured citizenship means misrepresentations concealments requirement demands first citizenship obtained result application process misrepresentations concealments made difficult question part company justice stevens opinion concurring judgment demands beyond agree petitioner contention requires government establish naturalization granted misrepresentations concealments occurred causation requirement existed unlikely materiality requirement added well requiring addition distortion decision natural tendency distort decision moreover difficulty establishing causality clear unequivocal convincing evidence many years fact great conceive congress intended burden met material misrepresentation sanctioned think however procured language given effect beyond mere requirement misrepresentation made application proceeding proof materiality sometimes regarded establishing rebuttable presumption see basic levinson though procured language present statute read require proof disqualification think read express notion one obtained citizenship proceeding made material misrepresentations presumably disqualified importance rights issue leads us conclude naturalized citizen able refute presumption avoid consequence denaturalization showing preponderance evidence statutory requirement misrepresentation natural tendency produce favorable decision fact met construction gives ample meaning materiality procured requirements justice stevens concurrence adopt requirement causality emphasizing necessity government establish least misrepresenting applicant fact qualified naturalized emphasis highlights another difficulty causality requirement simply conceivable construction procured misrepresentation provision one adheres justice stevens concurrence purports see post holding fedorenko even without misrepresentation applicant failure meet statutory requirement naturalization subjects denaturalization illegally procured provision fedorenko thus justice stevens concurrence construction violates cardinal rule statutory interpretation provision construed entirely redundant see colautti franklin jarecki searle menasche makes nonsense statute say misrepresentation provision basis denaturalization government establishes addition factor without misrepresentation basis denaturalization anyway justice stevens concurrence reading law says effect citizenship obtain lying may revoked reason lying likely congressionally desired deterrent effect upon prevaricators worse making enigma statute justice stevens concurrence position makes scandal results statute achieves proof applicant lied said ss officer dachau suffice denaturalization without clear unequivocal convincing proof years disappearing evidence guilty war crimes iii argues alternative basis affirming third circuit upholding denaturalization kungys misrepresentations made oath form forged documents rendered citizenship illegally procured discussed earlier alleged ground illegal procurement kungys lacked requisite good moral character time naturalization given false testimony purpose obtaining benefits visa naturalization proceedings violation connection aspect judgment address issue considered resolved affirmative third circuit whether contains materiality requirement false testimony hold person shall deemed good moral character given false testimony purpose obtaining immigration naturalization benefits face distinguish material immaterial misrepresentations literally read denominates person bad moral character account given false testimony told even immaterial lies subjective intent obtaining immigration naturalization benefits think means precisely says absence materiality requirement explained fact primary purpose like prevent false pertinent data introduced naturalization process correct result proceedings occured identify lack good moral character latter appears degree whenever subjective intent deceive matter immaterial deception literal reading statute produce draconian results several reasons first testimony limited oral statements made oath concedes include types misrepresentations concealments falsified documents statements made oath supplemental brief see sharaiha hoy supp sd cal matter ngan matter see also ensign pennsylvania second applies misrepresentations made subjective intent obtaining immigration benefits government acknowledges dishonesty accompanied precise intent congress found morally unacceptable willful misrepresentations made reasons embarrassment fear desire privacy deemed sufficiently culpable brand applicant someone lacks good moral character supplemental brief justice stevens read materiality requirement view material distinction post language provision language displaced persons act dpa found contain materiality requirement fedorenko think world difference two first texts statutes significantly different section dpa uses phrase willfully make misrepresentation conclusion fedorenko contains materiality requirement grounded word misrepresentation held implication many contexts name tort misrepresentation requires material falsehood adequately demonstrates section contrast uses phrase giv false testimony say statutory use term false falsity never imply requirement materiality requirement least commonly associated term misrepresentation fact recently described falsity materiality separate requirements misrepresentation see basic levinson second statutory provisions differ purpose relationship provisions respective statutory schemes section dpa like willful misrepresentation provision freestanding provision apparent purpose punish thereby deter misrepresentation immigration process section hand part definition constitutes lack good moral character purposes qualifying immigration importantly provision treating misrepresentation dpa whereas must reconciled willful misrepresentation provision seems us ill achieved reading two differently worded provisions concurrence three differently worded provisions see supra redundant accordingly clear third circuit erred importing materiality requirement nevertheless affirm denaturalization section question whether misrepresentation made kungys constituted false testimony purpose obtaining immigration naturalization benefits answered without resolving additional question law additional question fact former choose resolve since case must remanded event whether kungys misrepresentations constituted testimony latter must resolved trier fact whether making misrepresentations kungys possessed subjective intent thereby obtaining immigration naturalization benefits see generally swint issues intent factual matters trier fact berenyi district director ins unpersuaded argument kungys pattern lies establishes illegal subjective intent alleged false testimony matter law ordered footnotes shall duty attorneys respective districts upon affidavit showing good cause therefor institute proceedings specified subsection section title judicial district naturalized citizen may reside time bringing suit purpose revoking setting aside order admitting person citizenship canceling certificate naturalization ground order certificate naturalization illegally procured procured concealment material fact willful misrepresentation section provides person except otherwise provided subchapter shall naturalized unless petitioner immediately preceding date filing petition naturalization resided continuously lawfully admitted permanent residence within least five years five years immediately preceding date filing petition physically present therein periods totaling least half time resided within state petitioner filed petition least six months resided continuously within date petition time admission citizenship period referred subsection still person good moral character attached principles constitution well disposed good order happiness section provides pertinent part purposes chapter one given false testimony purpose obtaining benefits chapter questions whether petitioner subject denaturalization want good moral character particular attention whether false testimony provision interpreted include requirement false testimony concern material fact standards govern determination whether false testimony given purpose obtaining benefits chapter whether latter determination one law fact materiality standard articulated chaunt abandoned standard govern materiality inquiry determination materiality one law fact misrepresentation established material within meaning must showing made establish citizenship procured misrepresentation government asserted purpose misrepresentations distance kungys kedainiai atrocities occurred make difficult identify one perpetrators kungys contended even greater atrocities occurred city falsely listed birthplace age difference two years little consequence identification purposes kungys asserted lied concerning date place birth obtaining identity documents nazis go lithuania germany purpose dissembling time place age conscription avoid risk persecution participation lithuanian resistance movement vydaudas vidiekunas leader resistance movement validated kungys account participation kungys asserted applying visa simply repeated information contained identity documents believing falsities inconsequential immigration purposes similar belief conformed naturalization petition visa application although justice white observes requirement focus one misrepresentation post normal practice consider legal consequences contested district findings yet reviewed appeals justice white considers prospect coverage foolish post policy matter assuredly precisely use example justice white fails establish however language requiring order certificate naturalization procured misrepresentation conceivably interpreted exclude example yet including misrepresentation visa stage concede policy matter foolish function construct prudent policy except within confines statutory text quite different question argued whether statutes governing issuance visas kungys misrepresentations concealments time rendered visa invalid thus causing residence unlawful since lawful residence requirement naturalization naturalization illegally procured separate provision see fedorenko justice stevens minimizes substance require describing showing clear convincing evidence true facts led investigation post investigation occur predictability assuredly clear convincing facts issue gave cause believe applicant qualified talking investigations detective hobbyists public officials seeking evidence concerning citizenship qualifications note regard factual dispute whether victims nazi persecution given priority visas although district apparently found evidence point inconclusive supp nj appeals resolved dispute government favor believe resolution one drawn record thus conclude appeals improperly made finding disputed question fact see icicle seafoods worthington italicized language sentence ignored statement justice stevens concurrence require applicant refute existence every disqualifying fact might revealed investigation post emphasis added justice stevens correct even demonstrating completely innocent explanation misrepresentation sufficient always prevent finding procurement willful misrepresentation ibid sometimes might however since certainly one factors take account determining whether applicant established disqualifying fact relevant misrepresentation exist case assuredly rare lie shown clearly unequivocally convincingly natural tendency produce conclusion applicant qualified completely innocent explanation justice stevens concurrence avoids difficulty saying fedorenko apply insignificant trivia technica requirements post apart less precise character qualification nowhere found fedorenko said time cases also recognized must strict compliance congressionally imposed prerequisites acquisition citizenship failure comply conditions renders certificate citizenship illegally procured naturalization unlawfully procured set aside emphasis added justice brennan concurring join opinion write separately however spell detail showing believe government must make raise presumption ineligibility holds misrepresentation material natural tendency produce conclusion applicant qualified citizenship ante misrepresentation concealment said tendency explains honest representations predictably disclosed facts relevant applicant qualifications ante proof clear unequivocal convincing evidence misrepresentation tendency raises presumption ineligibility naturalized citizen called upon rebut ante agree construction statute wish emphasize however view presumption ineligibility arise unless government produces evidence sufficient raise fair inference statutory disqualifying fact actually existed fair inference ineligibility coupled fact citizen misrepresentation necessarily frustrated government investigative efforts mind justifies presumption employs evidence simply raises possibility disqualifying fact might existed entitle government benefit presumption citizen ineligible repeatedly emphasized citizenship precious right see klapprott never forfeited basis mere speculation suspicion therefore permit invocation presumption disqualification circumstances otherwise fair infer citizen actually ineligible nothing opinion inconsistent standard join justice stevens justice marshall justice blackmun join concurring judgment american citizenship right less precious life liberty klapprott rutledge concurring result citizen right truly inalienable naturalized citizen however congress authorized special procedure may result revocation citizenship statute provides certificate naturalization may canceled order granting citizenship revoked government proves order certificate naturalization illegally procured procured concealment material fact willful misrepresentation case government maintains petitioner subject denaturalization proved made certain misrepresentations application immigration visa quota repeated october petition naturalization stated date birth october fact september stated place birth kaunas lithuania fact reistru asserted resided kedainiai lithuania july fact leave kedainiai october failed disclose kaunas brush broom establishment war government failed efforts prove petitioner denied visa disclosed true facts application also failed prove truthful responses led complete investigation petitioner background granting visa investigation revealed fact disqualified petitioner obtaining visa indeed government failed prove existence fact known led denial petitioner visa application disqualified later becoming american citizen support position petitioner false statements justify denaturalization government makes two separate legal arguments first argues misrepresentations material within meaning procured petitioner citizenship second government urges petitioner citizenship illegally procured misrepresentations even material demonstrate lacked requisite good moral character time application citizenship neither argument tenable quarter century ago chaunt considered case district found petitioner concealed membership communist party well three arrests disclosed led investigation immigration naturalization service although dissenting justices thought chaunt failure tell truth arrest record sufficient reason revoke citizenship see majority came contrary conclusion held government failed prove either facts suppressed known warranted denial citizenship disclosure might useful investigation possibly leading discovery facts warranting denial citizenship thus announced test whether citizenship procured material misrepresentation required government prove existence disqualifying fact result compelled statute requirement misrepresentation material requirement procure citizenship controversy parties makes necessary parse statute paying particular attention meaning word material parsing however merely confirms conclusion reached chaunt material means real importance great consequences webster ninth new collegiate dictionary adjective material widely used distinguish false statements actionable law context criminal false statements term material said require false statement one natural tendency influence capable influencing decision decisionmaking body addressed see ante tort law misrepresentation material reasonable man attach importance existence nonexistence determining choice action transaction question restatement second torts contract law misrepresentation material likely induce reasonable person manifest assent restatement second contracts holding chaunt also supported statutory requirement must causal connection misrepresentation award citizenship section provides government must demonstrate misrepresentation procured citizenship statute requires government demonstrate relied misrepresentation deciding whether allow applicant become citizen imposing causation requirement statute merely tracks law actionable misrepresentation contexts material misrepresentation statement accordance truth reasonable person attach importance deciding whether enter contract may form basis voiding reforming contract contracting party fact relied statement entering contract restatement second contracts material misrepresentation must induced recipient statement enter contract likewise tort law person may recover loss resulting another material misrepresentation fact relied upon misrepresentation detriment restatement second torts although contract tort law recognized misrepresentation material recipient probably relied probability alleviate requirement inducement proved distinctly restatement second contracts anything causation requirement stricter tort contract law statute specifically requires material misrepresentation procure citizenship merely inducement granting citizenship thus requires material misrepresentation must effect allowing person obtain citizenship truthful statement led directly investigation denial citizenship words government must relied statement offering defendant opportunity become citizen although recognized tort contract law likely material misrepresentation relied government likelihood change burden imposed statute thus government prevail denaturalization action based false statement application naturalization certificate unless prove clear unequivocal convincing evidence existence disqualifying fact prove misrepresentation material government must prove statement concealed disqualifying fact hindered discovery disqualifying fact existence disqualifying fact necessary element government proof reliance unless disqualifying fact existed said misrepresentation procured citizenship section allow individual ways qualified american citizen deprived citizenship false statement prevent discovery fact affected eligibility become citizen together separately materiality procurement requirements reflect congressional intent citizenship status taken away unless government proves person qualified hold status time obtained separate opinion fedorenko justice blackmun correctly pointed construed decision chaunt misrepresentation ground requires government prove existence disqualifying facts today justice white member disagreed reading chaunt opinion even today clear whether disagrees interpretation chaunt simply rejects based current notion wisdom experience see ante opinion wisdom experience provided firm support chaunt holding construction denaturalization statute must animated longstanding recognition severity sanction sought firmly believe denaturalization far heavy sanction impose otherwise innocent citizen making false statements without evidence wrongdoing came acquired citizenship revocation petitioner citizenship punishment tantamount exile banishment patently excessive wisdom experience reflected prior cases imposing special burden government seeks denaturalize american citizen thus explaining government burden proof kind civil proceeding equivalent enforced criminal cases default judgments denaturalization proceedings intolerable written denaturalization consequences may grave consequences flow conviction crimes long recognized plain fact deprive person american citizenship extraordinarily severe penalty consequences deprivation may even rest heavily upon children result denaturalization petitioner ordered deported deport one claims citizen obviously deprives liberty may result also loss property life makes life worth living ng fung ho white denaturalization proceedings fallen within technical classification crimes hardly satisfactory reason allowing denaturalization without proof requiring proof support mere money fine short imprisonment furthermore grave consequences incident denaturalization proceedings held burden rests government prove charges cases clear unequivocal convincing evidence leave issue doubt schneiderman burden substantially identical required criminal cases proof beyond reasonable doubt klapprott though joining opinion justice brennan require allow government benefit presumption unless first produced evidence sufficient raise fair inference statutory disqualifying fact actually existed ante although justice brennan imposes burden production government agrees majority burden ultimate persuasion rests defendant justice brennan approach however defendant least benefit knowing specifically disqualifying fact must rebutted approaches require defendant rebut existence presumed disqualifying fact even demonstrating completely innocent explanation misrepresentation sufficient rebut presumption neither majority justice brennan formulation shifting burdens faithful previous recognition special burden government must bear seeks denaturalize american citizen previous rejection default judgments denaturalization proceedings see klapprott supra ecause grave consequences incident denaturalization proceedings klapprott always held government must prove charges denaturalization cases clear unequivocal convincing evidence leave issue doubt recognized burden substantially identical burden proof borne government criminal cases ibid indeed factors support imposition heavy burden largely contexts particularly critical immense importance interests stake ibid winship possibility loss liberty klapprott winship resultant stigmatization schneiderman winship societal interest reliability outcome use presumptions reduce government burden proof criminal cases consistently rejected without regard whether presumptions rebuttable see francis franklin cases cited therein presumptions equally objectionable denaturalization context ii reasons required government carry heavy burden proof denaturalization cases apply equally argument petitioner subject denaturalization false statements demonstrate lacked good moral character amended allows government revoke citizenship anyone whose citizenship illegally procured fedorenko held citizenship illegally procured petitioner former armed concentration camp guard ineligible visa issued displaced persons act dpa stat naturalization statutes required applicants lawfully admitted permanent residence petitioner failed satisfy statutory requirement congress imposed prerequisite acquisition citizenship naturalization fedorenko one prerequisite naturalization applicant good moral character certain minimum standards deemed possession good moral character set subsection provides person shall deemed good moral character given false testimony purpose obtaining benefits chapter government contends necessary establish petitioner false statements material denaturalize provision government theory mere fact statements false sufficient compel petitioner denaturalization made oath subjective intention obtaining benefit benefit matter trivial naturalization laws convinced materiality requirement implicit reject contention fedorenko called upon interpret language dpa provided ny person shall willfully make misrepresentation purpose gaining admission eligible displaced person shall thereafter admissible stat held agreeing government provision applied willful misrepresentations material facts found implication materiality requirement dpa willful misrepresentation section follow logically construction requirement even though plain language requires misrepresentation willful logic applies material distinction language dpa issue fedorenko language see sheshtawy implausible suggest congress intended language dpa engraft materiality requirement intention drafting addition requiring materiality dpa require false statement made purpose obtaining benefit immigration naturalization laws government us adopt subjective test individual motive particular case thus forcing factfinder inquire defendant case particular falsehood asserted insuring many citizenship determinations boil credibility battles objective test far reasonable objective approach false testimonial statement considered made purpose obtaining benefits immigration laws fact effect giving defendant benefit immigration laws objective test eliminate necessity inquiring case whether person lied date birth personal reasons mere vanity conceal information lead denial visa certificate naturalization false statement age actually effect obtaining individual benefit otherwise enjoyed american citizenship illegally procured objective test consistent heavy burden proof borne government denaturalization cases severity sanction mind notoriously difficult prove objective test also critical virtue diminishing risk erroneous determinations obvious overlap scope misrepresentation clauses government may cases able choose one two available paths denaturalizing citizen essentially conduct however suggest either paths made lenient congress intended iii government attempted prove existence disqualifying fact district introducing videotaped deposition testimony asserted proved petitioner participation kedainiai atrocities district found deposition testimony unreliable admitted depositions limited purpose establishing atrocities occurred appeals address propriety ruling vacate judgment remand case proceedings inconsistent opinion justice concurring part dissenting part join parts iii justice scalia opinion case reasons given part ii justice white opinion however dissent part justice scalia opinion view correct standard materiality applied facts case misrepresentations made petitioner properly viewed material although denaturalization statute refers willful misrepresentation concealment material fact disjunctive construed statute require concealment less misrepresentation willful misrepresentation less concealment relate material fact see costello fedorenko contract law also allows recovery nonmaterial statements fraudulent even instance misrepresentation must induced formation contract restatement second contracts following example though admittedly unlikely demonstrates distinction roles played materiality procurement elements suppose individual appears qualify american citizenship two distinct grounds claims lived required number years person good moral character attached principles constitution well disposed good order happiness see individual also claims surviving spouse american member armed forces died active duty see claim surviving spouse false representations true claim surviving spouse clearly material capable influencing outcome naturalization process however fact citizenship conferred individual qualifications government able demonstrate material misrepresentation procured citizenship stated fedorenko really three inquiries chaunt test whether truthful answer led investigation whether disqualifying circumstance actually existed whether discovered investigation regardless whether misstatement made application visa citizenship opinion proper analysis focus first second components attach little weight third unless government prove existence circumstance disqualified applicant believe citizenship revoked basis speculation might discovered investigation initiated government establish existence disqualifying fact consider willful misstatement material probable truthful answer prompted inquiry stevens dissenting justice blackmun continued first reasoning chaunt contains suggestion naturalized citizen reduced alien status merely thwarted government inquiry might shown unqualified instead willing approve denaturalization upon clear convincing showing prescribed statutory conditions citizenship never met seems clear import exhaustive reviews nowak knauer baumgartner schneiderman course government ability investigate vigor may affected adversely inability discover certain facts suppressed standard announced appeals however seems transform interest unhampered investigation end application standard suggests deliberately false answer question government deems worth asking may considered material believe weak standard proof ever contemplated decisions prior chaunt instead conclude chaunt intended follow earlier cases two tests simply two methods existence ultimate disqualifying facts might proved reading chaunt consistent actual language second test also appears meaning dissent chaunt believed intended significantly view accords policy considerations informing decisions area denaturalization naturalization revoked years decades conferred mere suspicion certain undisclosed facts might warranted exclusion fear valued rights citizenship danger erosion emphasis original footnotes omitted concurrence explaining special procedural safeguards appropriate denaturalization proceedings justice rutledge advanced argument demonstrates importance requirement government prove existence disqualifying fact wrote take away man citizenship deprives right less precious life liberty indeed one today comprehends rights almost others lay upon citizen punishment exile committing murder even treason penalty thus far unknown law doubtfully within congress power amend viii yet device label civil suit carried forward none safeguards criminal procedure provided bill rights comprehensive basic right held taken away wake may follow cruel penalty banishment procedures strip citizen birthright lay open penalty klapprott schneiderman case government sought turn clock back twelve years full citizenship conferred upon petitioner judicial decree deprive priceless benefits derive citizenship status discussed grave consequences denaturalization special burden borne government denaturalization proceedings consequences serious taking one property imposition fine penalty safe assert nowhere world today right citizenship greater worth individual country difficult exaggerate value importance many regarded highest hope civilized men mean granted alien citizenship revoked cancelled legal grounds appropriate proof right conferred taken away without clearest sort justification proof action instituted purpose depriving one precious right citizenship previously conferred believe facts law construed far reasonably possible favor citizen especially attack made long time certificate citizenship granted citizen meanwhile met obligations committed act lawlessness denied burden proof government case certificate citizenship instrument granting political privileges open like public grants revoked shall found unlawfully fraudulently procured set aside grant evidence must clear unequivocal convincing done upon bare preponderance evidence leaves issue doubt rights conferred lightly revoked especially true rights precious conferred solemn adjudication situation citizenship granted oral argument counsel government made following remarks response questioning member question know lot people came country given different names ellis island immigration officer pronounce name said well sam okay yeah name sam name sam give name procure visa procure admission falsely procure klonoff assistant solicitor general factual question case submit question wants facilitate thing guy never learn spell salvator whatever name officer happened often klonoff question fact person adopted false many many years earlier totally different purpose question evil purpose except facilitate getting want know trying straighten proper spelling name says sam care sam fine klonoff adopted false identity facilitate getting jumped ahead pack question consider facilitating getting klonoff question facilitate make quicker fellow figure spell salvator klonoff position consistent statutory question wow tough position think probably lot people excludable tr oral arg somewhat ironic government accept fact materiality requirement implicit disjunctive reference willful misrepresentation see ante reach contrary conclusion respect moreover implication materiality requirement consistent interpretation punishes making false statement oath case proceeding matter relating naturalization citizenship registry aliens courts construed statute contain requirement false statement material bressi wd constitute crime false swearing naturalization case testimony given material even though statute expressly state laut sdny courts consistently construed forebears materiality requirement even though statute expressly contain limitation counsel government asserted oral argument let round situation let say age fundamentally important decision made person know lies age trying obtain immigration benefit wife sitting next throughout marriage lied age want tell truth type lie willful clearly lying deliberately lying obtain immigration benefits made material misrepresentation willful fit within good moral character provisions tr oral arg although overlap coterminous illegal procurement originally appeared ground denaturalization act june pub stat provided denaturalization proceedings based ground fraud ground certificate citizenship illegally procured provision retained nationality act pub stat deleted however immigration nationality act pub stat substituted provision citizenship revoked procured concealment material fact willful misrepresentation purpose change language make clear statute encompassed extrinsic intrinsic fraud illegal procurement restored alternative ground denaturalization act september pub stat clear legislative history purpose restoration allow denaturalization persons meet important statutory prerequisites naturalization guilty willful misrepresentation see congress particularly concerned criminal conduct rape incest fraud form basis denaturalization without provision although provision may reach conduct encompassed within material misrepresentation provision provision independent broader reach material misrepresentation provision reaches conduct assailable provision government contends construing material misrepresentation provision require proof disqualifying fact renders provision meaningless since government always seek denaturalization illegally procured provision prove disqualifying fact government apparently construes holding facts fedorenko citizenship may considered illegally procured discovered applicant failed time citizenship conferred meet statutory citizenship warranting conclusion every newly discovered noncompliance matter insignificant warrant subsequent finding citizenship illegally procured thus example innocent miscalculation applicant period physical presence within residence within particular state see ante place naturalized citizen status permanent jeopardy disagree construe provision reach trivialities despite reality individual submitted application citizenship one day fulfilling residency requirements technically failed satisfy statutory requirement congress imposed prerequisite acquisition citizenship naturalization fedorenko however government establish naturalized citizen willfully misrepresented time residence denied citizenship true duration residency known person subject denaturalization difference case hypothetical concerning ss officer dachau see ante critical proof clear convincing evidence naturalized citizen concealed official status dachau establish lack good moral character case however proof official unofficial connection petitioner atrocities kedainiai justice white dissenting government filed complaint denaturalize petitioner set three reasons action justified first tried show petitioner assisted arrest execution civilians kedainiai lithuania period government offered three videotaped depositions taken soviet union proof claim although district observed depositions strongly tend prove government case admitted evidence without qualification admitted purpose showing atrocities took place without excluded evidence district held government failed prove claim government also showed petitioner made certain false statements applying visa naturalization petition false statements concerned date place birth wartime occupations wartime residence petitioner added two years age misstated city born listed various occupations engaged without listing bookkeeper several years swore resided another city rather kedainiai time atrocities occurred district found petitioner indeed made misrepresentations immaterial true facts known warranted denial visa led investigation see chaunt therefore inquire investigation might uncovered finally government asserted petitioner false representations whether material sufficient show petitioner good moral character therefore qualify naturalization district rejected claim also ruling false statements issue material sufficient prove petitioner lacked good moral character district accordingly entered judgment petitioner government appealed appeals reversed initially appeals agreed district misrepresentations must material order constitute sufficient grounds finding lack good moral character disagreed district however respect materiality false statements visa application naturalization petition holding misrepresentations birth age triggered investigation probably led discovery facts disqualifying petitioner visa naturalization rule government submission district erred admitting videotaped depositions evidence without qualification case argued reargued today reverses judgment appeals remands consideration several issues although agree parts opinion disagree parts result reaches therefore dissent affirm judgment grant government petition denaturalization holds agree error holding petitioner misrepresentations must material order constitute sufficient grounds finding petitioner lacks good moral character statute distinguish material immaterial misrepresentations instead denominates person bad moral character account given false testimony told even immaterial lies subjective intent obtaining immigration naturalization benefits ante addition language compels conclusion legislative history amendments statute pub stat shows congress sought broaden restrict grounds upon naturalization revoked connection must bear mind necessity striking appropriate balance serious consequences attend loss citizenship need strict compliance congressionally imposed prerequisites acquisition citizenship fedorenko need decide case whether bar naturalization individual offered single piece false testimony one instance later offered reasonable explanation misstatements made also need decide whether construction statute inconsistent proper balancing two important opposing considerations set may well cases single willful immaterial misrepresentation insufficient establish lack good character constitute grounds denaturalization material similarly cases like one repeated numerous willful misrepresentations justify finding lack good moral character notwithstanding misrepresentations may involve material facts petitioner false testimony confined one occasion concern single piece evidence time naturalization process petitioner voluntarily step forward attempt explain reasons various misrepresentations contrary facts found district demonstrate clearly unequivocally convincingly petitioner engaged pattern repeated misrepresentations nondisclosures visa application stage naturalization proceedings district found throughout visa citizenship proceedings petitioner misrepresented date place birth addition application visa petitioner failed disclose therefore concealed presence kedainiai period failed disclose therefore concealed kaunas brush broom establishment period petitioner effect perpetuated concealments throughout naturalization proceedings representing information contained visa application correct supp nj despite recognition materiality required declines uphold judgment remands case consideration one point law one point fact neither point substantial point law whether petitioner misrepresentations constituted testimony within meaning statute notes term testimony construed referring oral evidence thus excluding written documents submitted petitioner naturalization petition yet petitioner case make oral misrepresentations testified falsely swore oath naturalization examiner contents naturalization forms true deposition julius goldberg app see also matter ngan furthermore testified falsely order obtain visa country point fact whether petitioner made misrepresentations purpose obtaining benefits immigration naturalization laws difficulty point either willful misrepresentations issue made context petitioner naturalization petition made earlier visa stage fact misrepresentations willful coupled fact made proceedings documents required immigration naturalization purposes indeed proceedings documents petitioner required complete order obtai benefits sought gaining naturalization satisfies elements district found petitioner naturalization petition false particular stated defendant previously given false testimony obtain benefits immigration naturalization laws light specific finding district justification remanding issue resolved trier fact ii declines affirm decision basis finds necessary revisit definition term material used today holds proper test materiality whether misrepresentations natural tendency influence decisions immigration naturalization service ante disagree definition application definition case flawed begin finds proper consider misrepresentations petitioner made naturalization proceedings made earlier visa proceedings view much persuasive misrepresentations made petitioner visa stage instrumental procuring naturalization obtaining visa petitioner obtained lawful admission residence country one requirement naturalization see also fedorenko blackmun concurring judgment responds logic misrepresentation helps individual obtain prerequisite naturalization english literacy considered material two things however supposed extension logic merely foolish visa proceedings naturalization proceedings intimately related proceedings governed provisions immigration naturalization laws also visa certificate naturalization obtained part process obtaining citizenship must lawfully procured example mere residence country prerequisite naturalization residence lawfully admitted makes sense hand speak proceedings attain lawful literacy skills lawful understanding american history government required statute speak terms instead manifests complete understandable indifference individual came proficiencies thus visa proceedings accurately regarded one crucial stage naturalization proceedings yet time spent acquiring literacy skills understanding american history government obviously regarded stage proceedings even accept proposition consider materiality misrepresentations petitioner made naturalization proceedings misrepresentations surely natural tendency influence decisions ins initial matter requirement focus petitioner misrepresentations date place birth leave aside potentially significant misrepresentations also identified district even limiting focus find statements material reaching conclusion ask whether misrepresentations fact natural tendency influence decisions ins also whether fact misrepresentations tendency words proper inquiry whether true date place birth isolation aroused suspicion also whether investigation ensued petitioner revealed true facts thereby disclosed discrepancy false statements supporting documents former ambassador seymour maxwell finger vice consul stuttgart january testified discrepancies visa application supporting documents investigation certainly occurred view consistent regulations effect see cfr supp appeals arrived conclusion supports construction statute sound one materiality misrepresentations may need established considering true facts alone also may shown comparison true facts false assertions made matters therefore plurality hat must natural tendency influence official decision misrepresentation failure state truth ante emphasis added wrong limit consideration whether true facts alone known natural tendency influence decisions ins instead also consider whether misrepresentation failure state truth tendency inquiry also encompasses ins knowing fact true facts match false assertions individual seeking naturalization made matters whether misrepresentation actually made matter fact certain circumstances fact alone may possess great significance unless pretend petitioner lies facts defies reality conclude official knowledge misrepresented fact ante means ins knows correct lies must take account fact lies told reasons affirm decision ground also least note open trier fact remand consider whether knowledge petitioner repeated numerous misrepresentations natural tendency influence decisions ins iii final point emphasized appeals never passed correctness district determination videotaped depositions admitted evidence unqualifiedly inherently unreliable remand issue resolved definitively depositions found admissible without qualification rather merely limited purpose allowed district petition denaturalization granted regardless issues resolved undisputed petitioner shown participated mass arrests executions kedainiai never qualified naturalization thus properly subject denaturalization respectfully dissent prior illegal procurement constituted grounds revoking citizen naturalization congress enacted immigration nationality act dropped without explanation illegal procurement provision adding stead concealment material fact willful misrepresentation language deleted provision reinserted amendments pub stat house report accompanying amendments noted limination illegality ground bars denaturalization section unless proved naturalized person guilty wrongdoing amounting concealment material fact willful misrepresentation report explained roof concealment material facts willful misrepresentation fraught difficulty amendment necessary congressional mandate person shall naturalized unless possessed certain qualifications ineffectual unless also statutory provision revoking citizenship prerequisites fact exist ibid statements evince clear congressional intent illegal procurement maintained separate basis denaturalization sanction collapsing willful material misrepresentation concealment provision october petitioner swore oath naturalization examiner contents naturalization forms true stated testimony false petitioner supplied incorrect date place birth represented information supplied visa application true false testimony falls within coverage petitioner offered period good moral character required established although petitioner false testimony given visa application stage standing alone similarly covered provision directly relevant good moral character determination section provides making determination shall limited petitioner conduct five years preceding filing petition may take consideration petitioner conduct acts time prior period also interest though irrelevant determination petitioner still lying tried explain previous falsehoods app trial also found falsely denied trial membership local rifleman organization time atrocities provided military training members occasion assisted german occupation forces phrases inquiry whether petitioner made misrepresentations subjective intent obtaining immigration naturalization benefits finds necessary remand issue issues intent properly matters resolution trier fact ante approach rests recasting statutory language requires misrepresentations made purpose obtaining benefits even two linguistic formulations exactly quite clear misrepresentations fact made process applying immigration naturalization benefits real immediate sense misrepresentations made purpose obtaining benefits least case clear find established matter law although certainly correct issues intent normally reserved resolution trier fact think prolong proceedings unnecessarily parsing matters microscopic detail creating legion subissues demanding resolution losing sight clear dispositive case district found matter fact petitioner also misrepresented residence employment time atrocities occurred kedainiai supp nj correctness factual findings challenged government respondent urges us consider effect misrepresentations additional reason affirming decision entirely proper district found three videotaped depositions unreliable largely taken soviet union strong state interest case occasion distorts fabricates evidence cases involving important state interest depositions conducted manner made impossible determine testimony influenced improperly soviet authorities