In re Verbich
| Decision Date | 25 August 1924 |
| Docket Number | No. 776.,776. |
| Citation | 1 F.2d 589 |
| Parties | In re VERBICH. |
| Court | U.S. District Court — District of Colorado |
George Verbich filed petition for naturalization No. 776 in this court on January 6, 1923. The petition was verified by the affidavits of two witnesses, citizens of the United States, to wit, John R. Petrick and Joseph Verbich. The alien appeared in open court with these two witnesses on June 5, 1923, for the purpose of making the proof required to entitle him to naturalization, in accordance with the Naturalization Law (paragraph 3, subd. 2, § 4, Act June 29, 1906, 34 Stat. L. pt. 1, p. 596 Comp. St. § 4352), which provides as follows:
"The petition shall also 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 the petitioner is a person of good moral character, and that he is in every way qualified, in their opinion, to be admitted as a citizen of the United States."
Under the fourth subdivision of section 4 is set forth the proof to be adduced at the final hearing:
"In addition to the oath of the applicant, the testimony of at least two credible witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required."
It appeared from the evidence that John R. Petrick, one of the verifying witnesses, had violated the Eighteenth Amendment to the Constitution of the United States a short time before he appeared as a witness for the said George Verbich, and that he had been convicted of violating the federal statutes made thereunder to enforce the same. Objection is made to the admission of the petitioner on the ground that he is not a credible witness within the meaning of the Naturalization Law.
The question submitted to the court is this: Does the fact that a witness to a naturalization proceeding has been convicted of the crime of "bootlegging" disqualify him under the provisions of the naturalization act; and does this disqualification render the petition fatally defective, and deprive the court of jurisdiction to hear the same?
There is no question that, before this court can acquire jurisdiction to hear a naturalization petition, all of the jurisdictional requirements for the filing of that petition must have been met in complete and exact accord with the requirements of the law. If a witness who verified the petition was unable to meet the requirements of the law at the time the petition is filed, and this disqualification consists of his conviction of a crime in a court of record within five years prior to the date of such petition, the petitioner should be charged with knowledge of the disqualification of the witness, and must bear any consequences...
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United States v. Lehmann, 12759.
...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 589. Basing his ruling upon the foregoing principles, the District Judge held that the appellant did not become a citizen in 1929; ac......
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US v. Ali, Cr. A. No. 89-00112-R/C-01.
...the final disposition of such deportation proceedings."); In re Petition of Horvath, 166 F.Supp. 938 (N.D.W.Va.1958); cf. In re Verbich, 1 F.2d 589 (D.Colo.1924).5 Furthermore, an order to "show cause" issued in a deportation proceeding, for purposes of this provision, is regarded as a "war......
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United States v. Lehmann, Civ. A. No. 32108.
...L.Ed. 156." It was held in Vassall that the failure to comply with the statute deprived the applicant of his right to admission. In re Verbich, D.C., 1 F.2d 589, holds that under the Naturalization Act of June 29, 1906, which required verification of a naturalization petition by at least tw......
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