In re Carvajal

This petition for naturalization tenders the question whether petitioner’s deferment from service in the United States armed forces as a so-called “treaty alien” debars him from United States Citizenship.

Petitioner, a native of - Costa Rica, was admitted to the United States for permanent residence on June 4, 1947 and has resided here ever since. On June 13, 1951, in accordance with the Selective *526 Service Act of 1948, 62 Stat. 604 , 50 U.S. C.A.Appendix, § 451 et seq., he registered with the Selective Service System, Local Board 39, in San Francisco. At that time the Selective Service Act of 1948 subjected every male person residing in the United States, not specifically exempted by the Act, to liability for service in the armed forces. It provided, however, that any citizen of a foreign country, not statutorily exempt, might be relieved from liability for service if he applied for relief in the manner prescribed by the President, but that any person who' made such application should thereafter be ’debarred from becoming a citizen of the United States.. Petitioner was not within any of the classes of aliens statutorily exempt from military service.

The regulations…