Santamaria-Ames

Santamaria-Ames v. Immigration & Naturalization Service

Good Law
104 F.3d 1127·97 Daily Journal DAR 41·1996 U.S. App. LEXIS 33899·97 Cal. Daily Op. Serv. 8
United States Court of Appeals for the Ninth CircuitDecember 31, 1996No. 95-55805California2,871 words

Opinion

Lead Opinion

Thomas, J.

This ease presents the question of how past criminal behavior should be considered in naturalization proceedings involving non-citizen veterans qualifying for special treatment under 8 U.S.C. § 1440 .

I.

Congress, chose to reward noncitizens who had honorably served in the armed forces of the United States during certain wartime hostilities by relaxing preconditions for their naturalization. For these veterans, Congress eliminated the residency requirement, but provided that the applicant “shall comply in all other respects with the requirements of this subchapter_” 8 U.S.C. § 1440 (b) (1996). 1 Normally, a naturalization candidate must reside continuously in the United States for five years immediately preceding the application and show he or she “has been and still is a person of good moral character” during that period. 8 U.S.C. § 1427 (a)(3) (1996).

*1129 Because Congress did not specify the time period during which a qualifying noncitizen veteran should demonstrate good moral character, the Immigration and Naturalization Service (“INS”) promulgated a regulation providing that a section 1440 applicant:

8 C.F.R. § 329.2 (d) (1996).

II.

Against this general legal…

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