In re Yunghauss

• Decision Date: 26 January 1914
• Citation: 210 F. 545
• Parties: In re YUNGHAUSS.
• Court: U.S. District Court — Southern District of New York

210 F. 545

In re YUNGHAUSS.

United States District Court, S.D. New York.

January 26, 1914

William Blau, of New York City, for petitioner.

H Snowden Marshall, U.S. Atty., and J. E. Walker, Asst. U.S Atty., both of New York City, opposed.

MAYER District Judge.

The petitioner made his declaration of intention to become a citizen before the Supreme Court of the state of New York on April 19, 1905. He filed in this court his petition for admission to become a citizen on October 3, 1913.

The question is whether the petition should be denied because more than seven years have elapsed between the time of the making of the declaration of intention and the presentation of the petition for admission to become a citizen.

Section 4 of the Naturalization Law of June 29, 1906, provides, among other things, as follows:

'First. He shall declare on oath before the clerk of any court authorized by this act to naturalize aliens, or his authorized deputy, in the district in which such alien resides, two years at least prior to his admission, and after he has reached the age of eighteen years, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty and particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. And such declaration shall set forth the name, age, occupation, personal description, place of birth, last foreign residence and allegiance, the date of arrival, the name of the vessel, if any, in which he came to the United States, and the present place of residence in the United States of said alien: Provided, however, that no alien who, in conformity with the law in force at the date of his declaration, has declared his intention to become a citizen of the United States shall be required to renew such declaration: * * * Provided further, That any person belonging to the class of persons authorized and qualified under existing law to become a citizen of the United States who has resided constantly in the United States during a period of five years next preceding May first, nineteen hundred and ten, who, because of misinformation in regard to his citizenship or the requirements of the law governing the naturalization of citizens has labored and acted under the impression that he was or could become a citizen of the United States and has in good faith exercised the rights or duties of a citizen or intended citizen of the United States because of such wrongful information and belief may, upon making a showing of such facts satisfactory to a court having jurisdiction to issue papers of naturalization to an alien, and the court in its judgment believes that such person has been for a period of more than five years entitled upon proper proceedings to be naturalized as a citizen of the United States, receive from the

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