In re Naturalization of Munoz

Petitioner seeks to avail himself of the summary naturalization procedure provided by 8 U.S.C.A. § 1440 (Section 329, Immigration and Nationality Act of 1952, 66 Stat. 250 ). Section 1440 authorizes the naturalization, without the usual period of residence in the United States, of any person who has served honorably in an active-duty status in the armed forces of the United States during the period September 1, 1939, through December 31,1946, and who has subsequently been admitted for permanent residence.

Petitioner was granted admission for permanent residence by private law passed August 1, 1955, 69 Stat. A94. He was a member of a recognized guerrilla element of the Philippine Commonwealth Army from May 1, 1945, to November 7, 1945, while the Philippine Army was in the service of the armed forces of the United States. This constituted active duty status in the armed forces of the United States. See Petition of Agustin, D.C.1945, 62 F.Supp. 832 . 1

But the Naturalization Service, in opposing the petition, contends that the Congress “took away” petitioner’s right to summary naturalization, to which he would otherwise be entitled, in 1946, when it passed Public Law 301, 79th…