In re Linklater

This is an application to be admitted as a citizen. The applicant filed his petition September 5, 1924, supported by a nunc pro tunc certificate of arrival dated April 29, 1924. This certificate of arrival gives the date of arrival as August 9, 1920. Petitioner exhibited discharges showing over three years’ honorable service on American merchant vessels; service commencing August 18, 1920, and ending August 8, 1924.

The Chief' Naturalization Examiner submits that there are involved four distinct questions of law, upon none of which is there a definite holding by any court, nor anything, indeed, which can really be construed as authority. The first question propounded is: “Can an alien who is illegally in the United States under the immigration law be treated as lawfully here under the naturalization laws?” Strictly speaking, however, it cannot be said that Linklater is illegally'in the United States under the immigration laws. Is it to be assumed that the Secretary of Labor would issue a nunc pro tune certificate to an alien who was illegally landed? On the contrary, the fair assumption is that his examination showed a lawful entrance into the country. This assumption finds…