In Re Ringnalda
Opinion
Opinion
Yankwich, J.
The petitioner, Wijbe Ringnalda, was born in The Netherlands on April 26, 1921. He has resided permanently in the United States since May, 1930. On February 10, 1942, he married a native citizen of the United States. He has applied for naturalization under the provisions of Section 310(b) of the Nationality Act of 1940, 8 U.S.C.A. § 710 (b). The District Director, Immigration and Naturalization Service, has recommended the rejection of the petition on the ground that the petitioner has not proved good moral character for the period of three years immediately preceding the filing of the petition. The petition is dated October 16, 1942. Hence the three-year period would begin on October 16, 1939. The objection is grounded on the fact that on June 6, 1941, the peti-t tioner was convicted in the Superior Court of the State of California for the County of Orange, for the violation of § 500 of the Vehicle Code, St.Cal.1935, p. 173 — negligent homicide. The section reads: “500. Negligent Homicide. When the death of any person ensues within one year as the proximate result of injuries caused by the driving of any vehicle in a negligent manner or in the commission of an unlawful act not…