In re Lipsitz, 28544.
| Decision Date | 21 September 1948 |
| Docket Number | No. 28544.,28544. |
| Citation | 79 F. Supp. 954 |
| Parties | In re LIPSITZ. |
| Court | U.S. District Court — District of Maryland |
C. R. Berg, of Baltimore, Md., Chief, Status and Nationality Section, Division of Immigration and Naturalization.
The Court reaches the conclusion that naturalization must be denied this petitioner at this time, because of his past criminal record.
The provisions of the Nationality Code here involved are contained in Section 307(a) of that Code, 8 U.S.C.A. § 707(a), as follows: "No person, except as hereinafter provided in this chapter, shall be naturalized unless such petitioner, (1) immediately preceding the date of filing petition for naturalization has resided continuously within the United States for at least five years and within the State in which the petitioner resided at the time of filing the petition for at least six months, (2) has resided continuously within the United States from the date of the petition up to the time of admission to citizenship, and (3) during all the periods referred to in this subsection has been and still is a person of good moral character attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States."
A petition for naturalization was filed by this petitioner on February 5, 1948. On January 27, 1943, petitioner was released unconditionally from the Maryland State Penitentiary after serving ten years imprisonment for the crime of attempted extortion of money, and also for assault in connection with a conspiracy to kidnap, and the actual kidnapping of a young Baltimore man. He pleaded guilty to the commission of these offenses, obviously of a very grave character, and on June 1, 1933, was given a total sentence of thirteen years by the State Court. While denied a parole, under the Maryland law some three years was subtracted from his original sentence for good behavior while undergoing his sentence, and he has received a pardon from the Governor of Maryland.
There is no question presented with respect to the petitioner's educational qualifications or length and continuity of petitioner's residence within the United States or the State of Maryland. He is a native and national of Lithuania, 41 years of age, but has resided continuously in Maryland since 1913. At the present time he is employed as a linotype operator. It is his contention that because, throughout the period, slightly in excess of five years, from the time of his release from the Maryland State Penitentiary until the date he filed his petition for naturalization, as well as up to the present time, he "has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States," he has fully met the requirements of the statute and therefore is entitled to be naturalized. At the hearing, the representative of the Naturalization Service not only recommended admission to, but affirmatively supported petitioner in his claim that he be granted citizenship. In short, it is contended that since petitioner has no other criminal record than the one referred to, and since his character and loyalty record was unsullied during the entire statutory residence period named in the statute — facts as to which no evidence to the contrary has been presented — petitioner has completely proved himself worthy of admission to American citizenship at the present time. However, with this we do not agree. To do so we believe would be giving a too liberal interpretation to the naturalization statute, in derogation of its proper application in a case of this kind.
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