In Re Naturalization of Nisperos

MEMORANDUM OF OPINION AND ORDER

I.

BACKGROUND

Petitioner, PERCIVAL ALVIAR NISPEROS, was born on January 23, 1923, in San Fernando, La Union, Philippines. In 1944-45 he served in the Armed Forces of the United States, 121st Inf. USAFIP NL. Petitioner seeks naturalization under the expired Nationality Act of 1940, 56 Stat. 183 .

Section 701 of that Act exempted alien servicemen serving the American cause from certain eligibility requirements. Section 702 provided that Immigration and Naturalization Service (hereinafter INS) agents would be present in various parts of the world to administer naturalization to qualifying servicemen. The Act, as amended, expired on December 31, 1946.

II.

STANDING

The fact that the INS withdrew its examiners from the Philippines during 1945-46 denied Petitioner the opportunity to decide whether to accept the invitation in Section 701 of the Act of 1940 to become an American citizen. This denial caused “direct and palpable injury” to Petitioner within Warth v. Seldin, 422 U.S. 490, 501 , 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975), hereby conferring standing to raise the constitutional claim at issue. Petition for Naturalization of Crispulo Columna…