United States v. Jay

SWYGERT, District Judge.

Pursuant to Section 338 of the Nationality Act of 1940, Title 8 U.S.C.A. § 738, the District Attorney on behalf of the United States of America has filed a petition to cancel the certificate of naturalization of the defendant. The Government contends that because there was an outstanding and unexecuted warrant of deportation against the defendant when he filed his petition for naturalization, he did not meet the requirements of residence prescribed by § 307 of the Nationality Code, Title 8 U.S.C.A. § 707.

A question similar to that presented here was before the Circuit…