Legal Opinion

Petition of Yiu Nam Donn. Appeal of United States of America

Court of Appeals for the Third Circuit

Decided February 25, 1975No. 74-1206Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

§ 329 of the Immigration and Nationality Act, 8 U.S.C. § 1440(a), allows citizenship to aliens who have served actively in the armed forces during specified periods of wartime or hostilities. Active duty service during both the Korean and Vietnamese conflicts is included. In this case, we hold that an alien, who served actively in Korea after the Korean cease-fire, and who was on inactive duty during the Vietnamese conflict, does not qualify for citizenship under § 329 of the Act. The contrary holding of the district court 1 is reversed.

Yiu Nam Donn, a native of Mainland…

3Cases cited9 opinions

  1. United States Immigration & Naturalization Service v. HibiSupreme Court of the United States · 1973
  2. Tak Shan Fong v. United StatesSupreme Court of the United States · 1959
  3. United States v. Rolando Reyes ConventoCourt of Appeals for the D.C. Circuit · 1964
  4. Valentin Villarin v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  5. United States v. Andrzej Rosner, A/K/A Andrew RosnerCourt of Appeals for the First Circuit · 1957

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