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Misstatement Case Study

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Yesterday the Supreme Court unanimously held that U.S. citizenship cannot be revoked based on “immaterial” misstatements. The Supreme Court held that for a misstatement to be considered “material” it must have the potential of influencing the outcome of a naturalization application. Further, the Court held that the government has the burden to prove the misstatement was material. The opinion focused on if the “illegal” act, the misstatements, were significant enough to influences the government’s decision in granting citizenship. Divna Maslenjak became a naturalized U.S. citizen in 2007. Previously, Maslenjak had fled Bosnia with her two children and her husband in the 1990’s during the bloody civil war in Bosnia. Maslenjak, an ethnic Serb,

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