Petition for Naturalization of Healy

Good Law
183 F. Supp. 651·1960 U.S. Dist. LEXIS 2931
United States District Court, Northern District of CaliforniaMay 6, 1960Petition No. 133252California1,302 words

Opinion

lead Opinion

Burke, J.

The question here presented is whether the petitioner, having applied for an exemption from military service as an alien treaty national, executed an application for exemption under circumstances which would make the petitioner ineligible for United States citizenship under Section 315 of the Immigration and Nationality Act of 1952 ( 8 U.S.C.A. § 1426 ).

It is undisputed that the petitioner, a national of Ireland who was lawfully admitted to the United States for permanent residence, May 24, 1948, requested *652 exemption from military service in the armed forces of the United States on January 23, 1953, as a treaty national, and that he was thereby relieved of military service and training. Section 315 of the Immigration and Nationality Act of 1952 ( 8 U.S.C.A. § 1426 ) provides that an alien “who applies or has applied for exemption or discharge from training or service in the Armed Forces * * * on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States”. It further states that “the records of the Selective Service System * * * shall be conclusive…

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