23 San Diego L. Rev. 261 (1986)
Board of Appellate Review of the Department of State: The Right to Appellate Review of Administrative Determinations of Loss of Nationality, The

handle is hein.journals/sanlr23 and id is 273 raw text is: The Board of Appellate Review of the
Department of State: The Right to
Appellate Review of Administrative
Determinations of Loss of Nationality
ALAN G. JAMES*
The Chairman of the Board of Appellate Review traces the origins
and development of this autonomous, quasi-judicial body, and ex-
amines its role as adjudicator of appeals from the Department of
State's administrative determinations of loss of nationality. Ana-
lyzing illustrative decisions of the Board and applicable judicial
precedent, the author focuses his inquiry into the appellate pro-
cess on the crucial issue in loss of nationality proceedings: whether
a citizen who performed a statutory expatriating act intended to
relinquish man's most basic right-citizenship.
APPELLATE REVIEW AND DUE PROCESS OF LAW
For nearly twenty years the Board of Appellate Review (Board)
has been hearing appeals of expatriated Americans to recover what
Chief Justice Warren called man's most basic right ---citizenship.'
To those who chose to contest the Department of State's (Depart-
* B.A. 1943, Williams College; LL.B. 1947, Yale Law School. Mr. James retired
from the Foreign Service in 1980 and in February 1982 was appointed Chairman of the
Board of Appellate Review. The opinions expressed in this Article are the author's and
do not necessarily reflect the views of the Department of State or members of the Board.
1. Perez v. Brownell, 356 U.S. 44, 64 (1958) (Warren, C.J., dissenting). Chief
Justice Warren observed: Citizenship is man's most basic right for it is nothing else
than the right to have rights. (emphasis in original).
March-April 1986 Vol. 23 No. 2

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