In Re Balestrieri

Calogero Balestrieri, an Italian national, immigrated to the United States in 1903 at the age of thirteen years and has resided in this country continuously thereafter. He is a fish dealer by occupation, is married to an Italian national and has one child born in the United States.

On'June 26, 1913, he was convicted in the Superior Court of the State of California, County of Marin, of the crime of murder in the first degree and was sentenced to life imprisonment in the San Quentin State Prison. The record shows that he was a model prisoner and trusty there and was released on parole in June, 1923. On March 15, 1932 he was granted a pardon by the Governor of the State of California. There is no doubt that, except for an arrest in 1938 for fishing without a license, for which petitioner paid a $10 fine, he has behaved in a proper manner in all respects. He has devoted himself to his family, his child being blind since birth, has purchased government bonds, donated his blood to the Blood Bank and is well and favorably regarded by his neighbors and associates.

The naturalization service, recommends petitioner for citizenship solely on the ground that petitioner “has behaved as a…