In re Cerati, 128368.
| Decision Date | 26 September 1957 |
| Docket Number | No. 128368.,128368. |
| Citation | 160 F. Supp. 531 |
| Parties | In the Matter of Aldo CERATI, Petition for Naturalization. |
| Court | U.S. District Court — Northern District of California |
Joseph S. Hertogs, Jackson & Hertogs, San Francisco, Cal., for the petitioner.
Daniel Lyons, Naturalization Examiner, San Francisco, Cal., for the Government.
The Immigration and Naturalization Service recommends denial of the petition of Aldo Cerati for naturalization on the ground that he is statutorily ineligible for naturalization because he applied for and was granted exemption as an alien from service in the Armed Forces of the United States.
Petitioner is a native of Italy. In 1951, when he was 16 years of age he was admitted to the United States for permanent residence. On attaining his eighteenth birthday in June, 1953, he failed to register for the draft as required by the Universal Military Training and Service Act, 62 Stat. 604, 50 U.S. C.A. Appendix, § 451 et seq. and the regulations promulgated thereunder. On June 9, 1954, he registered with his local board, explaining that he had not previously been aware of his responsibilities under the Universal Military Training Act. Prosecution for the delinquent registration was declined by the United States Attorney upon the understanding that petitioner would accept immediate induction. Petitioner filed a request for immediate induction with his local board, and after examination, was advised by the board that he was acceptable for military service. A few days thereafter, petitioner applied for a deferment on the ground that he was an indispensable employee of his stepfather's business. The deferment was denied and he was ordered to report for induction on August 30, 1954. On that day he appeared with his stepfather and an attorney at the office of the local board and requested exemption from military service pursuant to a treaty between the United States and Italy. Petitioner's attention was called to Section 315 of the Immigration and Nationality Act of 1952, 66 Stat. 242, 8 U.S.C.A. § 1426 which provides that any alien who applies for and is granted exemption from service in the armed forces on the ground that he is an alien shall be permanently ineligible for citizenship. Petitioner then executed Form C-294 "Application by Alien for Exemption from Military Service in the Armed Forces of the United States," on the face of which Section 315 is set forth in full. His local board thereafter exempted him from military service as an alien.
About a year and a half later, on January 31, 1956, petitioner filed with his local board a...
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...Petition of Bergin, D.C.D.N.J.1959, 173 F. Supp. 883. d. Cases Denying Citizenship Where Alien Entered Armed Forces: Petition of Cerati, D.C.N.D.Cal.1957, 160 F.Supp. 531.9 MOORE, Circuit Judge (concurring in the I concur in the result but for somewhat different reasons. Appellee fully unde......
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Matter of H----
...the alien did not actually serve. We find two cases where naturalization was denied to a petitioner in the armed forces: In re Cerati, 160 F. Supp. 531 (D.C. Cal., 1957), and In re Elken's Petition, 161 F. Supp. 823 (D.C. N.Y., We find three cases where the alien actually served in the arme......
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