ORDER DENYING PETITION
DUENAS, District Judge.
Petitioner Fang Lan Dankowski filed a Petition for Naturalization in the District Court of Guam on October 12, 1979, pursuant to the provisions of Section 319(b), Immigration and Nationality Act, 8 U.S.C., Section 1430(b).
A preliminary examination was conducted by the designated Naturalization Examiner on the petition filed by Dankowski.
A written finding and recommendation was filed by the Naturalization Examiner on October 18, 1979, as follows:
That the petitioner is the wife of a United States citizen employed as a school teacher at the Taipei American School in Taiwan; that such school is not an agency of the United States government; that such school is not an American firm or corporation organized in whole or in part for development of foreign trade or commerce of the United States; and that such school is not an American institution of research recognized as such by the Attorney General of the United States.
The Naturalization Examiner concluded that the petitioner has not established her eligibility for expeditious naturalization under the provisions of Section 319 of the Immigration and Nationality Act (8 U.S.C., Sec. 1430), nor under any other provisions of the Immigration and Nationality Act.
On the basis of his findings, the Naturalization Examiner recommended that the Petition for Naturalization be denied.
On the morning of October 19, 1979, a naturalization proceeding ceremony was held in the District Court of Guam. The petitioner, accompanied by her husband, came to Guam from Taiwan for the proceeding acting on the assumption that a favorable recommendation might be forthcoming from the Naturalization Examiner.
Since the Dankowskis were then present in Guam, the Naturalization Examiner requested that an oral hearing be held on the recommended denial of the petition. The formality of written notices and other procedural requisites were waived by the parties and an oral hearing was had on the 19th of October.
"Section 1430. Married persons and employees of certain nonprofit organizations.
(a) . . .
(b) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the naturalization court in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within the jurisdiction of the naturalization court or proof thereof shall be required." (Italics supplied).
The basic issues:
(a) Is the Taipei American School an agency of the United States?
(b) If not an agency of the United States, is it an American firm or corporation?
(c) If it is an American firm or corporation, is it engaged in whole or in part in the development of foreign trade and commerce of the United States?
Petitioner is married to John Dankowski, an American citizen, presently employed as a school teacher at the Taipei American School Foundation (TAS), now called Taipei International School (TIS).
The school was established in 1949 and its primary purpose is catering to the educational needs of dependents of the American military, business, embassy and missionary community in Taiwan.
The Taipei American School is not an agency of the United States; hence, John Dankowski is not an employee of the United States.
On April 4, 1979, the Philadelphia, Pennsylvania office of the Immigration and Naturalization Service, U. S. Department of Justice, submitted a written report relative to an investigation made on the AMERICAN SCHOOL OF TAIPEI. (Exhibit E).
It was reported on pages 2 and 3 of Exhibit E under the caption "Details":
"On March 16, 1979 Edward MEADOR, Director, Division of International Education Services, United States Department of Health, Education, and Welfare (HEW), Washington, DC, was telephonically contacted at his office (FTS 245-9692). He stated that to the best of his knowledge, the American School of Taipei is not an Agency of the United States Government; that he is familiar with the Taipei American School (TAS) in Taiwan, and perhaps SUBJECT SCHOOL's name is a transposition of TAS; that even if this is so, TAS is a private Corporation, believed to be chartered on the west coast of the United States, which serves the dependents of the diplomatic community in Taiwan. He further stated that TAS is funded by the Department of States, but is not an Agency of the United States Government.
"On the same date, Charles MAYBERRY, Program Officer, Office of Overseas Schools, United States Department of State, Washington, DC, was telephonically contacted at his office (FTS 235-9600). He stated that to the best of his knowledge the American School of Taipei is not an Agency of the United States Government; that TAS was provided grant assistance by the State Department, but it is not an Agency of the Government either. He further stated that the name of the Taipei American School (TAS) has been changed to Taipei International School (TIS), and that none of the schools which are funded, through grants, by the State Department are agencies of the United States Government.
"On March 20, 1979, Paul LUEBKE, Deputy Director, Office of Overseas Schools, United States Department of State, Washington, DC, was telephonically contacted at his office (FTS 235-9600). He stated that in November 1978 he was in Taipei, but that he had no knowledge of the American School of Taipei and never heard of it; that he believed this school was probably the Taipei American School (TAS). As concerns the Taipei American School, LUEBKE stated that it was established to provide an education to dependents of United States Government workers, and others, and that educational allowances were given to parents so that their children could attend this school; that the school also received grants from the United States Department of State, but is not operated by United States Government employees; that the employees of the school, i. e. the teachers and administrators, operate under an independent Board of Directors which answers to a parent school organization; that TAS had a `special status' under the Status of Forces Agreement between our Government and the Government of Taiwan, which was in effect until recently; that TAS was accorded this `special status' because it educated dependents of United States government employees in Taiwan. LUEBKE then cautioned the writer that what he had said applied only to the Taipei American School and not to the American School of Taipei, adding, however, that the SUBJECT SCHOOL's name may be a transposition of TAS. He also stated that the name of the Taipei American School has recently been changed to Taipei International School."
The Taipei American School is a corporation incorporated in the State of Delaware; hence, it is an American corporation within the context of Section 1430(b), Title 8, U.S.C.
In a letter dated 15 February 1978 from Bruce D. Ferrier, Colonel,...
