Tauchen

A designated examiner of the Immigration and Naturalization Service recommended after preliminary hearing, 8 U.S. C.A. § 733, that the petition for naturalization of Kurt Adolph Tauchen be denied for “failure to establish that he has been attached to the principles of the Constitution.” 8 U.S.C.A. § 707 (a). From the district court decision upholding the examiner’s recommendation, petitioner brings this appeal.

Tauchen, a German-born, naturalized citizen of Great Britain, lawfully entered this country for permanent residence in 1938, and in 1940 filed his declaration of intention to become a United States citizen. 8 U.S.C.A. § 731 . On May 6, 1947 he petitioned for naturalization. 8 U.S.C.A. § 732 .

The examiner’s findings on preliminary hearing required to be submitted to the court, 8 U.S.C.A. § 733 (b), state that “On December 9, 1941 * * * [petitioner] was apprehended as a potentially dangerous alien enemy and * * * interned * * *. On December 7, 1943 he was paroled and effective November 15, 1945 his parole was terminated”; that “While in internment he stated that he would not bear arms [a]gainst Great Britain and Germany”; that “He is not a conscientious objector but put…