Ricaredo Bernabe Dela Cena v. United States

Déla Cena appeals from a judgment of the District Court for the District of Hawaii denying his petition for naturalization under any of the several sections of the existing naturalization laws and under the Immigration and Nationality Law of 1940.

Appellant was born in the Philippines, where he enlisted and served in the United States Army in the Philippines and Okinawa from March 5, 1946, to February 11, 1949, a period of less than three years, when he was honorably discharged. He thereafter resided in the Philippines until March 8, 1954, when he enlisted as a seaman in the United States Navy, in which he was serving when his petition was filed. He first came to the United States under naval orders on April 1, 1954, and was stationed here up to the filing of his petition on September 2, 1955. There is no claim that he has been honorably discharged from the Navy, nor have his attorneys claimed that during the process of this litigation he has reached a total of three years’ naval service.

Appellant contends that his service in the armed forces entitles him to citizenship under 8 U.S.C.A. § 1440 (a) providing, inter alia, that “(2) at any time subsequent to enlistment or…