In re Denny
District Court, S.D. New York
Application by Benjamin Denny for naturalization. Applicant admitted to citizenship. The applicant, being born in Russia, lived in Natal, South Africa, and was naturalized as a subject of George V, king of Great Britain, on his own petition. His declaration of citizenship and his petition each asserted his intention to abjure his allegiance to the emperor of Russia.
Read the full summary
Application by Benjamin Denny for naturalization. Applicant admitted to citizenship. The applicant, being born in Russia, lived in Natal, South Africa, and was naturalized as a subject of George V, king of Great Britain, on his own petition. His declaration of citizenship and his petition each asserted his intention to abjure his allegiance to the emperor of Russia. Upon final hearing upon his petition it transpired that this allegation in each document is erroneous, and that he must abjure allegiance to King George to be admitted, which he is willing to do, if allowed. There is no reason to…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as. above). I am sorry that I cannot agree with In re Lewkowicz (D. C.) 169 Fed. 927, In re Lange (D. C.) 197 Fed. 769, and In re Friedl (D. C.) 202 Fed. 302; but as none of these are authoritative, and as I entertain a quite positive belief, it seems to me that the applicant is entitled to its benefit, especially as only in this way* can the matter be authoritatively determined for future guidance in this circuit. It is, however, proper for me to give some reasons.
The question is whether, when in his declaration and petition an applicant has honestly mistaken the…
2Cases cited3 opinions
- Ex parte LangeDistrict Court, E.D. Missouri · 1912
- In re LewkowiczDistrict Court, S.D. New York · 1909
- In re FriedlDistrict Court, E.D. Wisconsin · 1913
3Cited by8 opinions
- United States v. VogelCourt of Appeals for the Second Circuit · 1919
- Banning v. PenroseDistrict Court, N.D. Georgia · 1919
- Kouanchao v. U.S. Citizenship & Immigration ServicesDistrict Court, D. Minnesota · 2005
- Application of LevisDistrict Court, D. Maryland · 1942
- Kennedy v. United States Citizenship & Immigration ServicesDistrict Court, N.D. California · 2012
3 more not listed; retrieve them via the Exa API.