Holding that the government could not be estopped from denying the citizenship of a petitioner whose mother was prevented from returning to the United States before his birth by the incorrect advice of an immigration officer
Assessing claim that statute conferred citizenship in the absence of a provision argued to be unconstitutional, without identifying any special remedial problems
In Bertoldi, the D.C. Circuit held that a broad application of the 1940 Act's Savings Clause was appropriate in a naturalization case. Under the pre-1940 law, Bertoldi would have derivatively become a citizen upon the expiration of a five-year residency.
Holding that a law granting citizenship "at birth" was not retroactive to all individuals when Congress specifically limited its retroactivity to children born between specified dates to a specific class of qualifying parents