In the Matter of the Petition for Naturalization of Luis Mario Adalberto Colombo. Luis Mario Adalberto Colombo v. United States

OPINION

Before KOELSCH and CHOY, Circuit Judges, and KELLEHER,* District Judge. KELLEHER, District Judge:

This is an appeal by the government from an order of the United States District Court finding Luis Mario Adalberto Colombo, a citizen of Argentina, not ineligible for United States citizenship because of his wartime request for and relief from military training and service as a resident alien who was a citizen of a neutral country.

In 1943 under then-existing law, Section 3(a) of the Selective Training and Service Act of 1940, as amended, alien residents of the United States who were…