In Re Naturalization of Yuen Lan Hom

OPINION

FRANKEL, District Judge.

In this naturalization proceeding, the Immigration and Naturalization Service states regretfully that it finds itself compelled by statute to take a position which is on its face harsh, arbitrary, and capriciously discriminatory, and has been described by a special inquiry officer of the Service as “absurd.” 1 Fortunately, in this court’s view, the Congress neither commanded nor authorized this painful course.

I

The facts are undisputed. Born 34 years ago in China, the petitioner was married in 1956 to Poy Fong Horn. Alleging that her husband was an American…