# Costello v. United States, 365 U.S. 265 (1961)

Canonical: https://mobfiles.org/items/courtlistener-costello-v-us-365-us-265/

Supreme Court decision of February 20, 1961 affirming the revocation of Frank Costello's 1925 naturalization because he had concealed that his occupation was bootlegging.

Supreme Court of the United States, decided February 20, 1961. The government sued to revoke Frank Costello's citizenship. The opinion states that in 1925 he swore in his naturalization papers and before a naturalization examiner "that his occupation was 'real estate,'" and that the District Court found this was "willful misrepresentation and fraud" and that "his true occupation was bootlegging."

The Court treated the concealment as material, reasoning that "In 1925 a known bootlegger would probably not have been admitted to citizenship." It affirmed the judgment revoking his naturalization.

The later question, whether he could be deported for crimes committed while he was a citizen, is [Costello v. INS, 376 U.S. 120 (1964)](/items/courtlistener-costello-v-ins-376-us-120/).

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/106172/costello-v-united-states/