United States v. Sotis

MAJOR, Circuit Judge.

This is an appeal from an order, entered March 25, 1942, dismissing defendant’s motion to vacate and set aside a decree, entered March 14, 1939, cancelling defendant’s certificate of naturalization.

Defendant’s motion was presented nearly three years after the decree was entered (at a subsequent term of court), but within a month after the defendant acquired knowledge thereof. The motion contested the jurisdiction of the court to enter the decree of cancellation on the ground that there was no personal service and the publication of notice did not constitute constructive…