Horst Nemetz v. Immigration and Naturalization Service, in Re Petition for Naturalization of Horst Nemetz

ERVIN, Circuit Judge:

In this appeal, Horst Nemetz seeks reversal of the district court’s denial of his petition for naturalization. 485 F.Supp. 470. For reasons stated below, we grant that reversal.

I

Nemetz, a forty-one year old citizen of West Germany, was lawfully admitted to the United States in 1967 as a permanent resident and has resided since that time in Virginia with a male roommate.

In 1976, Nemetz petitioned for naturalization. Although it is unclear from the record exactly how or when the Immigration and Naturalization Service (hereafter, the “Service”) first became aware of…