In Re Naturalization of Johnson
District Court, E.D. New York
1Opinion of the Court
OPINION
WEINSTEIN, District Judge.
This case poses the interesting question of whether a man who has sexual intercourse with a woman in the mistaken belief that she is unmarried is guilty of adultery within the definition of the Immigration and Nationality Act and so, as a matter of law, lacks the good moral character requisite for naturalization. 8 U.S.C. §§ 1101(f) (2), 1427(a) (3). Despite contentions in the past of the Immigration and Naturalization Service that the answer is yes, we agree with the position of the Service in this case that the answer is no. Compare Petition of…
2Cases cited21 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- King v. SmithSupreme Court of the United States · 1968
- Tot v. United StatesSupreme Court of the United States · 1943
- De Sylva v. BallentineSupreme Court of the United States · 1956
- Schmidt v. United StatesCourt of Appeals for the Second Circuit · 1949
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3Cited by8 opinions
- Nehme v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 2001
- Ganzy v. Allen Christian SchoolDistrict Court, E.D. New York · 1998
- Wahba v. H & N Prescription Center, Inc.District Court, E.D. New York · 1982
- Moon Ho Kim v. United States Immigration and Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1975
- Rafael Antonio Brea-Garcia v. Immigration and Naturalization Service (By Its District Director at Newark, New Jersey)Court of Appeals for the Third Circuit · 1976
3 more not listed; retrieve them via the Exa API.