Dominador Dimapilis Aure v. United States

Aure is a native of the Philippine Islands and there enlisted in the United States Navy on April 10, 1946. His naval service has been continuous since that date. He first entered the United States in November, 1946, as a member of the crew of a U. S. Navy vessel and in that capacity has made numerous trips to this country, but has never been admitted for permanent residence.

On August 26, 1953, Aure filed in the District Court a petition for naturalization, claiming the exemptions of Public Law 86, 83rd Congress, enacted June 30, 1953, 8 U.S.C.A. § 1440a, as a member of the armed forces of the United States. The Designated Naturalization Examiner recommended that the petition for naturalization be denied upon the ground that the petitioner had failed to establish eligibility under the provisions of that statute. The District Court gave consideration to appellant’s eligibility for naturalization not only under 8 U.S.C.A. § 1440a, but also under 8 U.S.C.A. §§ 1439 and 1440, Secs. 328 and 329 of the Immigration and Nationality Act of. 1952, and concluded that admission for permanent residence is a prerequisite to naturalization under each of these three Code provisions. Accordingly…