Bruce G. Barber, District Director, Immigration and Naturalization Service v. Kurt Rietmann

Rietmann, hereafter referred to as Petitioner, a citizen of Switzerland, was on the first day of July, 1949, admitted as a permanent resident of the United States. On March 19, 1951, he requested and was granted relief from service in the Armed Forces of the United States under Section 4(a) of the Selective Service Act of 1948, 62 Stat. 604 , 605-606, 50 U.S.C.A.Appendix, § 454(a). Having claimed and been granted exemption from service in the Armed Forces, Petitioner was thereby debarred from becoming a citizen of the United States.

Thereafter, Petitioner decided to take a trip to Switzerland and on or about April 1, 1955, was issued a re-entry permit by the Immigration and Naturalization Service. He took the trip and attempted to re-enter the United States on September 27, 1955. He was denied admittance under Section 212(a) (22) of the 1952 Immigration and Nationality Act, 8 U.S.C.A. § 1182 (a) (22) (1952), as an alien permanently ineligible to become a citizen under Section 315(a) of said Act, 8 U.S.C.A. § 1426 (a) (1952). Petitioner is now in the United States under parole.

On August 3, 1956, a writ of Habeas Corpus was applied for by Petitioner. On November 8, 1956, the…