No. 12341. Argued March 17, 1958. Decided April 11, 1958. Samuel Kagle, Philadelphia, Pa., for appellant. Bernard F. Sheran, Asst. U.S. Atty., Philadelphia, Pa. (Harold K. Wood, U.S. Atty., Philadelphia, Pa., on the brief), for appellee. Before GOODRICH, STALEY and HASTIE, Circuit Judges. HASTIE, Circuit Judge. The Department of State having certified that, by operation of Section 401(b) of the Nationality Act of 1940, 54 Stat. 1168, 8 U.S.C. 1946 ed. § 801(b), Joseph Jalbuena had lost his birthright
8 U.S.C. § 1482 Pub. L. 95-432, §1, Oct. 10, 1978, 92 Stat. 1046 Section, act June 27, 1952, ch. 477, title III, ch. 3, §350, 66 Stat. 269, provided that an individual with dual nationality who voluntarily claims the benefits of the foreign state nationality loses his United States nationality by having continuous residence in the foreign state for 3 years after having attained 22 years of age unless prior to the 3 year period he takes an oath of allegiance to the United States, or his residence