Alfons Simon Keil v. United States

The district court denied Alfons Simon Keil’s petition for naturalization by reason of 8 U.S.C.A. § 1426 which renders ineligible for citizenship any alien who applies for and is granted an exemption from military service on the ground of alienage. Appellant seeks review of the district court’s order.

In 1953, the appellant and his wife left Germany and were lawfully admitted to the United States for permanent residence. Shortly afterward appellant, accompanied by his English speaking aunt, went to the local draft board to register pursuant to 50 U.S.C.A.Appendix, § 453. He was given a selective service questionnaire which was taken home, completed with the assistance of his brother, and sent back to the draft board. An application for exemption from military service was then mailed to the appellant on February 17, 1954. On this form immediately above the signature line is the printed statement: “I have read the provisions of Section 315 of the Immigration and Nationality Act of 1952 [ 8 U.S.C.A. § 1426 ], given below, and I fully understand the meaning thereof.” The section of the Act referred to appears in full at the bottom of the page. On March 1, 1954 the form, filled out in…