Petition of Agustin

Good Law
62 F. Supp. 832·1945 U.S. Dist. LEXIS 1875
United States District Court, Northern District of CaliforniaOctober 10, 19458255-MCalifornia2,951 words

Opinion

Opinion

Goodman, J.

Petitioner, a native of the Philippines, has applied for naturalization under the provisions of Section 701 of the Nationality Act of 1940 as amended, 50 U.S.C.A. Appendix, § 640. The naturalization service, in submitting the petition, advises the court that it has no objection to the granting of the same, but makes no recommendation, one way or the other.

The statute, i.e. Section 701 (adopted March 27, 1942), authorizes the naturalization of “any person not a citizen, regardless of age, who has served or hereafter serves honorably in the military or naval forces of the United States during the present war and who, having been lawfully admitted to the United States, including its Territories and possessions, shall have been at the time of his enlistment or induction a resident thereof, * * *” without the formalities and conditions required of civilian aliens. Proof of military or naval service may be made either “by a duly authenticated copy of the record of the executive department having custody of the record of petitioner’s service, showing that the petitioner is or was during the present war a member serving honorably in such armed forces” or by “affidavits, forming part of…

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