Garrett Aiden Cannon v. United States

WATERMAN, Circuit Judge.

This appeal requires us to interpret Section 315(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1426(a) (effective December 24, 1952), a section interpreted by the Supreme Court in Ceballos v. Shaughnessy, 1957, 352 U.S. 599, 77 S.Ct. 545, 1 L.Ed.2d 583, and exhaustively considered by this court in United States v. Hoellger, 2 Cir., 1960, 273 F.2d 760.

The section reads as follows:

“(a) Notwithstanding the provisions of section 405(b) of this Act, any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces…