Legal Opinion

In Re Cruz

District Court, E.D. New York

Decided June 22, 1938No. 229223Published

1Opinion of the Court

BYERS, District Judge.

This application for naturalization embodies an affidavit containing the following:

“My mother is half African and half Indian and my father is a full blooded Indian. I learned this information from them when I was a small child. I believe that my father’s ancestors were all full blooded Indians.”

Decision was reserved at the hearing before the Court because of the language of R.S. § 2169 (Title 8 U.S.C. § 359, 8 U.S.C.A. § 359) reading in part as follows :

“§ 359. Racial limitation of naturalisation; free white persons and Africans. The provisions of this chapter shall…

2Cases cited7 opinions

  1. Morrison v. CaliforniaSupreme Court of the United States · 1934
  2. United States v. ThindSupreme Court of the United States · 1923
  3. In re CamilleUnited States Circuit Court · 1880
  4. In re KnightDistrict Court, E.D. New York · 1909
  5. In re YoungDistrict Court, W.D. Washington · 1912

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