United States v. Gokhale

That the defendant was not in fact eligible for naturalization is settled by U. S. v. Thind, 261 U. S. 204, 43 S. Ct. 338, 67 L. Ed. 616, for he is eoneededly a Hindu, and under that ease a Hindu is not a white person as the statute defines that phrase. This being so, the only question re- * maining is whether his admission by the Supreme Court of New York-was res judicata and not open to review by bill in equity under section 15 of the Naturalization Act (8 USCA § 405). We assume that the United States had in fact the opportunity given by section 11 (8 USCA § 399) to appear in opposition to…