In re Garcia

YOUNGDAHL, District Judge.

In this naturalization proceeding, the sole issue briefed, argued and submitted to the Court is whether the petitioner, who has never been lawfully admitted to the United States for permanent residence 1 pursuant to 8 U.S.C. § 1429 1964),2 but has been a member of the United States Navy with continuous honorable service since 1958, is eligible for naturalization under 8 U.S.C. § 1439(a) (1964).3

*459The Court agrees with the contention of the respondent Immigration and Naturalization Service that a petitioner for naturalization under Section 1439 is not exempt from the…