United States v. Watkins, 158

• Decision Date: 03 February 1947
• Docket Number: Docket 20450.,No. 158,158
• Parties: UNITED STATES ex rel. KNUPFER v. WATKINS.
• Court: U.S. Court of Appeals — Second Circuit

159 F.2d 675 (1947)

UNITED STATES ex rel. KNUPFER v. WATKINS.

No. 158, Docket 20450.

Circuit Court of Appeals, Second Circuit.

February 3, 1947.

George C. Dix and David S. Kumble, both of New York City, for relator-appellant.

John F. X. McGohey, U. S. Atty., of New York City (Stanley H. Lowell, Asst. U. S. Atty., of New York City, of counsel), for respondent-appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The relator Knupfer, a native born German who became a citizen of the United States through naturalization on November 25, 1930, was thereafter convicted in the United States District Court for the Southern District of New York of engaging in a conspiracy to violate the Selective Service Act, 50 U.S.C.A.Appendix, § 301 et seq. While he was imprisoned under that conviction, an action was brought against him by complaint on behalf of the United States filed on February 3, 1945, in the Eastern District of New York, which sought to denaturalize him. On June 1, 1943, he filed an answer denying the allegations of the complaint and praying that it be dismissed. On August 16, 1943, he sent letters to the United States Attorney and the Clerk of the Eastern District saying: "I hereby withdraw my answer although not guilty of the charges. * * * I now demand that you cancell my citizenship rights on the grounds that this administration has unconstitutionally denied my rights, persecuted, defamed and illegally incarcerated me. * * * I do not care to contest the accusations because where there is no honor there can be no justice * * *" Thereafter, on September 14, 1943, a decree was entered by the court in the Eastern District cancelling Knupfer's letters of citizenship. This decree was entered on his default without any notice of motion by the United States Attorney.

On June 11, 1945, the conviction of conspiracy to violate the Selective Service Act was reversed by the Supreme Court. Keegan v. United States, 325 U.S. 478, 65 S.Ct. 1203, 89 L.Ed. 1745. On July 21, 1945, Knupfer moved in the Eastern District for an order to vacate the order of denaturalization. On August 10, 1945 that application was denied after a hearing before Judge Inch. On September 10, 1945, Knupfer filed a motion in the Eastern District in the nature of a bill of review to vacate the default decree under Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, on the ground that he could not obtain counsel for his defense and, in view of the prevailing war hysteria, was unable successfully to defend the action to procure his denaturalization. These grounds were largely those set forth in the application of July 21, 1945, which had been denied on August 10, 1945. On October 26, 1945, the United States noticed a motion to dismiss the bill of review which on November 29, 1945, was granted by Judge Inch. On September 12, 1945, Knupfer made a motion in the Eastern District to vacate the default decree which was denied by Judge Inch on October 29, 1945. He never took an appeal from the order of November 29, 1945, dismissing his bill of review but did appeal from the orders of August 10, 1945, and October 29, 1945, denying his motions to vacate the default decree and to reopen and vacate the default proceeding. He formally abandoned this appeal on June 27, 1946, under a stipulation with the United States that it should be without prejudice to the rights of either party and an order to that effect was entered in the Circuit Court of Appeals on June 28, 1946.

On July 12, 1945 and immediately after the decision of the Supreme Court reversing Knupfer's judgment of conviction, he was arrested, taken to Ellis Island and brought before a Hearing Board which determined that he should be removed and repatriated to the country of his nationality as soon as arrangements for his transportation could be made. Thereafter he applied to the District Court for the Southern District of New York for a writ of habeas corpus. His petition alleged that the decree of denaturalization entered against him was illegal and void and that he was not an enemy resident within the jurisdiction of the Southern or Eastern District of...