United States v. Rene Russoz

On September 20, 1949, appellee filed his petition for naturalization in the United States District Court for the Southern District of California. The United States moved for an order denying the petition. The principal ground of the motion (which was the issue below and here) was that appellee had forever debarred himself from citizenship by applying for and obtaining relief from military service in the armed forces of the United States under Section 3(a) of the Selective Service Act of 1940, on the ground that he was a citizen of a neutral country. The District Court denied the motion of the United States and ordered appellee admitted to citizenship. The United States appealed.

Appellee, a national of France, was lawfully admitted to the United States for permanent residence in 1939 and has resided here continuously since. On April 5, 1943, during World War II, appellee filed with the local Board, where he was registered, pursuant to Section 3(a) of the Selective Training and Service Act of 1940, as amended, an application, on a form provided by the Selective Service System, for relief from military duty upon the ground that he was a citizen of France, which he claimed to be…