In Re: Petition for Naturalization of Charles Peter Duncan. Charles Peter Duncan v. United States

Duncan appeals from the denial of his petition for naturalization. The INS recommended denial because Duncan declined to answer four questions on the Application to File Petition for Naturalization dealing with prior criminal activity, membership in organizations, belief in Communism, and moral character. Duncan objected to the four questions on grounds they violated his First Amendment rights of free speech and association, and his Fifth Amendment due process and self-incrimination interests. We affirm on grounds of issue preclusion without reaching the constitutional questions.

I.

Duncan is a native of Great Britain and a physical oceanographer by profession. He became a lawful permanent resident of the United States on May 20,1971, and married an American citizen in 1972. At the time of his application for citizenship in 1977, Duncan was a resident of Puerto Rico. He was interviewed by an INS officer, who, having found him qualified, submitted a petition on his behalf seeking an order of naturalization. Duncan subsequently moved to Washington, D.C. and his petition was transferred and set for hearing before the United States District Court for the Eastern District of…