In re Naturalization of Ognistoff

The question raised by this petition for an order requiring the Immigration and Naturalization Service to process the application of the petitioner is whether petitioner’s period of service 'in' the National Guard of the United States and of California entitles him to the benefits of Public Law 86, 83rd Congress, 1st Session, U.S.Code Cong, and Admin.News, 83rd Congress — First Session, 1953, Yol. 1, p. 132, 8 U.S.C.A. § 1440a, which, so far as relevant, provides that an alien who

may be naturalized in accordance with the Act.

Petitioner’s period of service as set forth in the file and summarized in his brief, is as follows:

This service took place between June 24, 1950 and July 1, 1955.

*206 Petitioner has argued at great length, citing authority not always restricted to legally suasive matter, that the National Guard of the United States and of California is a part of the Armed Forces of the United States. While that proposition would seem to be correct, see 50 U.S. C.A. § 901 (e, f), petitioner is barred by the requirement that he shall have “actively served” for not less than ninety days. The definitions of 50 U.S.C.A. § 901 (a) through (d) were in effect at the time…