Modesto Gutang Duron v. United States

LUMBARD, Circuit Judge.

The issue in this case is whether service from 1936 through 1941 on a vessel (1) owned by Philippine interests and (2) with a home port in Manila, Philippine Islands, falls within the requirements of the alien seaman naturalization law. We affirm the district court’s decision that it does not.

Petitioner is a Philippine seaman who applied for naturalization under § 330 (a) (2) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1441(a) (2), which provides that a seaman who serves for an aggregate period of five years on a vessel described in § 325(a) of the…