Dr. Bernardo Ortega v. United States

861 F.2d 600 Dr. Bernardo ORTEGA, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant. No. 87-5924. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 5, 1988. Decided Nov. 21, 1988. Michael C. Johnson, Asst. U.S. Atty., Los Angeles, Cal., for respondent-appellant. Bonnie Stern Wasser, Los Angeles, Cal., for petitioner-appellee. Appeal from the United States District Court for the Central District of California. Before TANG, FLETCHER and PREGERSON, Circuit Judges. PER CURIAM: 1 The United States appeals the district court's grant of a petition for naturalization to appellee Dr. Bernardo Ortega pursuant to the Second War Powers Act of 1942. We reverse. FACTS 2 Appellee Dr. Bernardo Ortega is a 73-year old native and citizen of the Philippines. During the Second World War, he served on behalf of the U.S. armed forces in the Philippine Commonwealth Army. His service lasted from October 1942 until his honorable discharge in August 1944. In June 1946, Ortega attempted to apply for naturalization at the U.S. Embassy in Manila, but was sent away and told to wait for further instructions. No one from the Embassy contacted him thereafter, nor did…

The United States appeals the district court’s grant of a petition for naturalization to appellee Dr. Bernardo Ortega pursuant to the Second War Powers Act of 1942. We reverse.

FACTS

Appellee Dr. Bernardo Ortega is a 73-year old native and citizen of the Philippines. During the Second World War, he served on behalf of the U.S. armed forces in the Philippine Commonwealth Army. His service lasted from October 1942 until his honorable discharge in August 1944. In June 1946, Ortega attempted to apply for naturalization at the U.S. Embassy in Manila, but was sent away and told to wait for further instructions. No one from the Embassy contacted him thereafter, nor did the Embassy advise him of the proper procedures for making such an application. The Government concedes that Ortega attempted to apply.

Ortega came to the United States as a visitor in 1981. On November 13 of that year, he submitted an application to the Immigration and Naturalization Service (INS) for naturalization under section 701 of the Nationality Act of 1940, as amended by the Second War Powers Act of 1942, Pub.L. No. 77-507, 56 Stat. 182, §§ 701-705 (1942) (“the Act”). 1 He was not interviewed by the Immigration…

dissenting:

I dissent. The conscience of our nation should tell us that Dr. Bernardo Ortega deserves better treatment from a government he valiantly served in time of war.