In re Jensen, 5841.
| Decision Date | 26 February 1926 |
| Docket Number | No. 5841.,5841. |
| Citation | 11 F.2d 414 |
| Parties | In re JENSEN. |
| Court | U.S. District Court — Eastern District of Louisiana |
Walter Wheatley, District Director of Naturalization, of New Orleans, La.
The petitioner, an alien, native of Denmark, arrived at Norfolk, Va., as a seaman of the crew of the Danish steamship California, November 20, 1920. On December 17, 1920, he declared his intention to become a citizen of the United States in the United States District Court at Norfolk, Va.
On November 3, 1925, under subdivision 7 of section 4 of the Act of June 29, 1906 (34 Stat. pt. 1, p. 596), as amended by the Act of May 9, 1918 (40 Stat. pt. 1, p. 542, § 1 Comp. St. 1918, Comp. St. Ann. Supp. 1919, § 4352), he filed his petition for naturalization, which came on to be heard here November 5, 1925. The petitioner exhibits discharges showing over three years honorable service on American merchant vessels, commencing June 4, 1921, and ending November 2, 1925, just one day preceding the filing of his petition.
The Naturalization Examiner of the Department of Labor objects to his admission to citizenship on the ground that his declaration of intention and residence was based upon an unlawful entry into the United States, without inspection by the Immigration Bureau, and without paying the head tax imposed by law. In support of this the Examiner points to a notation on the alien's certificate of arrival, issued by the Commissioner of Immigration, which reads:
The Examiner testifies and states in his brief that, when the alien was shown this record of his arrival, he tendered $8 in payment of the head tax, which was accepted by the Naturalization Examiner, under the regulations of the Naturalization Bureau, but that he advised and informed the alien that this acceptance, and the issuance of a certificate of arrival by the Immigration Bureau, was not to be understood as an admission on the part of the Department of Labor that he was entitled to be admitted to residence; that, on the contrary, it was issued as a matter of duty on the part of the naturalization officer concerned, merely in order to afford him an opportunity to have his case judicially determined.
In support of his opposition, the Naturalization Examiner cites the decision of District Judge Campbell in the case entitled In re Alexander Connal (D. C.) 8...
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