". . . [A] person who is a national of the United States whether by birth or naturalization, shall lose his nationality by — (1) obtaining naturalization in a foreign state upon his own application . . ." We assume, without deciding, that specific subjective intent to renounce United States citizenship is required for expatriation. The Secretary may prove this subjective intent by evidence of an explicit renunciation, Jolley v. Immigration and Naturalization Service, 441 F.2d 1245 (5th Cir. 1971), acts inconsistent with United States citizenship, Baker v. Rusk, 296 F. Supp. 1244 (C.D., Cal., 1969), or by "affirmative voluntary act[s] clearly manifesting a decision to accept [foreign] nationality . . .," In re Balsamo, 306 F. Supp. 1028, 1033 (N.D., Ill. 1969).
For the Attorney General's Statement of Interpretation of Afroyim, see 34 Fed. Reg. 1079 (January 23, 1969). See also Bellei v. Rusk, 296 F. Supp. 1247 (D.D.C. 1969); Baker v. Rusk, 296 F. Supp. 1244 (C.D.Cal. 1969); and Matter of Becher, 12 I. N. Dec. 380 (AG, 1967). Accordingly, I find that petitioner, having been naturalized on December 16, 1926, is a citizen of the United States; that he did not expatriate under Section 2 of the Act of March 2, 1907 or under Section 404(a) of the Nationality Act of 1940; that he has failed to establish alienage or non-citizen nationality of the United States; and that he is, therefore, ineligible for naturalization.