In re Vassall, 220.
| Decision Date | 02 February 1931 |
| Docket Number | No. 220.,220. |
| Parties | In re VASSALL. |
| Court | U.S. Court of Appeals — Second Circuit |
Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg, Asst. U. S. Atty., of Brooklyn, N. Y., and Donald C. Strachan, Asst. U. S. Atty., of New York City, of counsel), for the United States.
Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.
On October 24, 1928, Lola Nydia Vassall, the appellee, filed her petition for naturalization, accompanied by the usual affidavits of two witnesses, who each swore that they had personally known the petitioner to have resided in the United States continuously for more than five years preceding the date of filing the petition. The preliminary hearing was held pursuant to title 8, § 399a, USCA, before an Examiner of the Bureau of Naturalization, who reported that the petition should not be granted because of an "incompetent witness"; his report being accompanied by an affidavit of Catherine Jones, one of the witnesses, which stated: "I am certain that I had never seen or heard of Miss Vassall prior to December, 1925." December, 1925, was less than three years prior to the date of the petition. There were also admissions in the affidavit of the witness that she herself had been guilty of immoral conduct other than her untruthful statement regarding the length of her acquaintance with the petitioner. The effect of these other admissions need not be considered.
Upon the foregoing report a hearing was had in open court, the petitioner took the oath required by law and was admitted to citizenship over the objection and with the exception of the United States Department of Labor. The District Director of Naturalization filed his affidavit making the objection that the witness was incompetent in that she did not know the petitioner for a period of five years on the date of the filing of the petition for naturalization and in that she was not a credible witness.
Title 8, § 379, USCA, provides that a petition for naturalization shall be "verified by the affidavits of at least two credible witnesses, who are citizens of the United States, and who shall state in their affidavits that they have personally known the applicant to be a resident of the United States for a period of at least five years continuously * * * immediately preceding the date of the filing of * * * petition. * * *"
The appeal was taken directly from the order granting the petition to be admitted to citizenship. This mode of...
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United States v. Lehmann, 12759.
...156. The rule has been applied to cases where there was a failure to have the petition verified by two credible witnesses. In re Vassall, 2 Cir., 47 F.2d 598; In re Verbich, D.C.Colo., 1 F.2d Basing his ruling upon the foregoing principles, the District Judge held that the appellant did not......
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United States v. Lehmann, Civ. A. No. 32108.
...of naturalization. However, this precise question has been decided by several appellate and district courts. In the case of In re Vassall, 47 F.2d 598, 599, the Second Circuit Court of Appeals said "The provision of the statute requiring the petition to be verified by at least two `credible......