Harrison

United States v. Harrison

Good Law
180 F.2d 981·1950 U.S. App. LEXIS 2531
United States Court of Appeals for the Ninth CircuitMarch 24, 195012354_1California2,010 words

Opinion

Opinion

Bone, J.

In December, 1946, appellee filed a petition for naturalization under the Nationality Act of 1940, 8 U.S.C.A. § 701 . The member of the Immigration and Naturalization Service designated to. conduct the preliminary hearing on this petition, § 733, filed findings and a recommendation urging denial of the petition on the ground that appellee had failed to establish good moral character. After a hearing the district court disapproved this recommendation and entered an order admitting appellee to citizenship (with a change of name). The United States appealed.

The substantial issue presented on this appeal is simple. Did the trial court abuse its discretion in holding that appellee had established that he was a person of good moral character?

Appellee was born in Ireland in 1910 and entered the United States in 1940 as a deserting seaman and thereupon adopted a new name. He secured employment with a San Francisco firm and has continued in the employment of this firm except during a period of about 3% years during which he served in the armed forces. He was injured in the service as a result of an explosion during an air attack and spent considerable time in hospitals before being…

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