In the Matter of the Petition for Naturalization of Luis Mario Adalberto Colombo. Luis Mario Adalberto Colombo v. United States

This is an appeal by the government from an order of the United States District Court finding Luis Mario Adalberto Colombo, a citizen of Argentina, not ineligible for United States citizenship because of his wartime request for and relief from military training and service as a resident alien who was a citizen of a neutral country.

In 1943 under then-existing law, Section 3(a) of the Selective Training and Service Act of 1940, as amended, alien residents of the United States who were citizens of neutral countries could be relieved from liability for military training and service, if prior to induction, they applied for such relief. The consequence of such an application was severe, for under Section 3(a) of the Act, the applicant was thereafter barred from becoming a citizen of the United States. 1

Knowing the consequences of his application, petitioner Colombo, as a citizen of a neutral country in 1943, applied for and was given an exemption from military training and service. In 1945, Argentina entered the war on the allied side. Subsequently, Colombo was reclassified 1A and processed for induction, but was found over-age, classified 4A and never inducted.

The sole…

(dissenting):

In Astrup the Court, indicating that the operation of Section 3(a) of the Selective Service and Training Act was governed by well settled principles of contract law, ruled that the exemption from military service *946 granted the resident alien by the United States constituted the quid in return for the alien’s quo, in the form of his permanent ineligibility to become a citizen of the United States.

In the matter before us, the majority hedges the government’s promise with implied conditions and limitations for which bases are lacking. Can it be logically contended that the possibility of Argentina’s becoming a belligerent on the side of the allied powers was within the contemplation of the parties at the time the exemption was granted? But what particularly troubles me about the decision is its potential for rendering obscure rights which should be clearly defined and beyond question.

The way to do that, I submit, is to apply the section (and its companion) literally.

531 F.2d 943 In the Matter of the Petition for Naturalization of Luis Mario Adalberto Colombo. Luis Mario Adalberto COLOMBO, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant. No. 74--1613. United States Court of Appeals, Ninth Circuit. Oct. 14, 1975. 1 James L. Browning, Jr., U.S. Atty., San Francisco, Cal., for respondent-appellant. 2 Joseph S. Hertogs, Jackson & Hertogs, San Francisco, Cal., for petitioner-appellee. OPINION 3 Before KOELSCH and CHOY, Circuit Judges, and KELLEHER, * District Judge. KELLEHER, District Judge: 4 This is an appeal by the government from an order of the United States District Court finding Luis Mario Adalberto Colombo, a citizen of Argentina, not ineligible for United States citizenship because of his wartime request for and relief from military training and service as a resident alien who was a citizen of a neutral country. 5 In 1943 under then-existing law, Section 3(a) of the Selective Training and Service Act of 1940, as amended, alien residents of the United States who were citizens of neutral countries could be relieved from liability for military training and service, if prior to induction, they applied for such…