Legal Opinion · Dissent

Petition of Zele

Court of Appeals for the Second Circuit

Decided February 8, 1944No. 248Published

1DissentSwan, Circuit Judge

In my opinion the order should be affirmed. In his petition for naturalization the applicant incorporated his declaration of November 2, 1934 which falsely stated that he had filed no prior declaration. By an affidavit of June 24, 1940 he attempted to excuse the making of this false statement on the ground that an unidentified woman employee of the naturalization service had advised him that it was unnecessary to mention his prior declaration because it was invalid. On the former appeal we said, 127 F.2d at page 580: “On the face of the record the petitioner gave an explanation of his conduct…

2Cases cited2 opinions

  1. In re GulianoDistrict Court, S.D. New York · 1907
  2. In re StasinopulosDistrict Court, E.D. Michigan · 1927

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