Petition of Delgado

• Decision Date: 11 October 1944
• Docket Number: No. 7628-M.,7628-M.
• Citation: 57 F. Supp. 460
• Court: U.S. District Court — Northern District of California
• Parties: Petition of DELGADO.

57 F. Supp. 460

Petition of DELGADO.

No. 7628-M.

District Court, N. D. California, S. D.

October 11, 1944.

Daniel H. Lyons, Naturalization Examiner, of San Francisco, Cal., for the government.

No attorney for applicant.

GOODMAN, District Judge.

Applicant, a native of the Philippines, seeks United States citizenship, under the provisions of Section 701 of the Nationality Act of 1940, as amended, 50 U.S.C.A. Appendix § 640. The Naturalization service recommends applicant for naturalization. The United States Coast Guard certifies that he is now "serving honorably" as a "temporary member" of the United States Coast Guard Reserve, 14 U.S.C.A. § 307.

The question for decision is: Does the applicant, "serving honorably" as a "temporary member" of the Coast Guard Reserve, qualify for citizenship?

By § 701 of the Nationality Act of 1940 as amended, resident aliens, regardless of age, who prior to the adoption of the amendment served or thereafter serve honorably in the military or naval forces of the United States during the present war, may be naturalized without the formalities and conditions required of civilian aliens.

On July 11, 1941, 55 Stat. 585, became law and provided: "The Coast Guard, which shall be a military service and constitute a branch of the land and naval forces of the United States at all times and shall operate under the Treasury Department in time of peace and operate as a part of the Navy, subject to the orders of the Secretary of the Navy, in time of war or when the President shall so direct." 14 U.S.C.A. § 1. On November 1, 1941, by Executive Order No. 8929, 14 U.S.C.A. § 1 note (6 Fed.Reg. 5581), the President ordered "that the Coast Guard shall from this date, until further orders, operate as a part of the Navy, subject to the orders of the Secretary of the Navy."

By the Act of February 19, 1941, as amended November 23, 1942, 56 Stat. 1021, 14 U.S.C.A. § 301, it was provided:

"§ 301. Establishment and purpose

"There is hereby created and established a United States Coast Guard Reserve (hereinafter referred to as the `Reserve'), the purpose of which is to provide a trained force of officers and enlisted personnel which, added to regular personnel of the Coast Guard, will be adequate to enable that service to perform such extraordinary duties as may be necessitated by emergency conditions."

By § 302, the Reserve is declared to be a "component part of the Coast Guard" and its members "obligate themselves to serve * * * in time of war or during any period of national emergency declared by the President to exist."

§ 304, which has to do with the nature and administration of the "Reserve," refers to it as "a military organization administered by the Commandant."

Temporary membership in the Reserve was provided by the Act of February 19, 1941, as amended by the amendments of June 6, 1942, October 26, 1942, and November 23, 1942, 14 U.S.C.A. § 307, which reads as follows:

"§ 307. Same; temporary membership; eligibility; compensation

"The Commandant, with the approval of the Secretary of the Treasury or of the Secretary of the Navy, while the Coast Guard is operating as a part of the Navy, is hereby authorized to enroll as temporary members of the Reserve, for duty under such conditions as he may prescribe, including but not limited to part-time and intermittent active duty with or without pay, and without regard to age, members of the Auxiliary, such officers and members of the crew of any motorboat or yacht placed at the disposal of the Coast Guard, and such persons (including government employees without pay other than the compensation of their civilian positions) who by reason of their special training and experience are deemed by the Commandant to be qualified for such duty, as are citizens of the United States or of its Territories or possessions, including the Philippine Islands, to define their powers and duties, and to confer upon them, appropriate to their qualifications and experience, the same ranks, grades, and ratings as are provided for the personnel of the regular Coast Guard Reserve. When performing active duty with pay, as herein authorized, temporary members of the Reserve shall be entitled to receive the pay and allowances of their respective ranks, grades, or ratings, as may be authorized for members of the regular Coast Guard Reserve."

The statutes make it abundantly clear that temporary members of the Coast Guard Reserve are members of the naval forces of the United States. See Brown, Boatswain's Mate, v. Cain, D.C., 56 F.Supp. 56.

Applicant, as a temporary...