the name Reynaldo Mondaca because of his marriage and his desire to obtain benefits. Not only is this finding not supported by the record, but the evidence demonstrates that Petitioner used his name Reynaldo Mondaca in 1953, almost twenty years prior to his marriage, when he applied for a social security card. V. CONCLUSION The majority incorrectly applies clear error review because of its erroneous conclusion that independent review for citizenship cases has been implicitly overruled. On review of the record, because of the numerous findings based on speculation and findings unsupported by evidence, the government failed to prove by clear, unequivocal, and convincing evidence that Petitioner is a Mexican citizen whose name is Salvador Mondaca-Vega. See, e.g., Lim, 431 F.2d at 200 (<HOLDING>). In fact, where, as here, there is
holding that although there was some evidence tending to show that appellants family name was jew rather than lim the government did not meet its burden of proving attainment of citizenship through fraud or error by clear unequivocal and convincing evidence holding that fraud on the court must be supported by clear unequivocal and convincing evidence holding that the government must prove alienage by clear convincing and unequivocal evidence of foreign birth before the burden shifts to the respondent to rebut by demonstrating legal entry holding that a bad faith claim must be met through the clear and convincing evidence standard holding that an award for punitive damages must be supported by clear unequivocal and convincing evidence