Legal Opinion
Petition of Caputo
District Court, E.D. New York
Decided February 18, 1954No. 492305PublishedCited by 13 opinions
1Opinion of the Court
BYERS, District Judge.
This petition is opposed by reason of the applicant’s having answered question 41 “Yes” on Selective Service Form DSS 304 (Alien’s Personal History and Statement) on May 22, 1942 filed with his Local Board, when he was called for military service.
The answer meant: “I do object to service in the land or naval forces of the United States.”
The petitioner was then an enemy alien by reason of his Italian birth, and was legally present in this country.
The applicable Section of the Immigration and Nationality Act of 1952 reads:
“§ 315(a) Notwithstanding the provisions of Section…
2Cited by13 opinions
- United States v. Otto Klaus Gunther HoellgerCourt of Appeals for the Second Circuit · 1960
- Petition for Naturalization of FellesonDistrict Court, N.D. Illinois · 1958
- In re Naturalization of WendtDistrict Court, N.D. Illinois · 1969
- In re ZumstegDistrict Court, S.D. New York · 1954
- In re for Naturalization of MirzoeffDistrict Court, S.D. New York · 1961
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