Petition of Di Censo
| Decision Date | 04 August 1961 |
| Citation | 218 N.Y.S.2d 418,28 Misc.2d 1091 |
| Parties | Petition for NATURALIZATION OF Lorenzo DI CENSO. |
| Court | New York Supreme Court |
Hovey & Kushner, Niagara Falls (Abraham Kushner, Niagara Falls, of counsel), for petitioner.
Gordon W. Sacks, Buffalo, for U. S., respondent.
The petitioner DiCenso filed a petition for naturalization No. 4770, in the Supreme Court of the State of New York, at Niagara Falls, New York, on May 31, 1960.
The matter was originally brought before the Court for a hearing during the June, 1961 term at Niagara Falls, New York, at which an adjournment was granted, and a hearing was held at a Special Term of this court on the 13th and 14th days of July, 1961 at Buffalo, New York.
The Government has recommended that said petition be denied on the ground that the petitioner has failed to establish that he has been a person of good moral character during the period required by law and that, therefore, he is precluded from naturalization.
The Government contends that petitioner gave false testimony under oath in that (1) he denied having been arrested on two or more occasions; (2) he denied any acts of adultery; and (3) he denied having assisted his present wife to evade the immigration laws. The Government also contends that he did in fact commit adultery with a married woman and further that he neglected to properly support his daughter. It is also claimed that petitioner failed to establish that he was lawfully admitted for permanent residence as required by law.
The petitioner denied all of the contentions of the Government.
The Court will first consider whether the petitioner has lawfully been admitted to the United States for permanent residence. The evidence shows that the petitioner entered the United States as a nonquota immigrant pursuant to § 101(a)(27)(A) Immigration & Nationality Act (8 U.S.C.A. § 1101(a)(27)(A)) as the spouse of Loretta Mauro, a citizen of the United States. It is the opinion of this Court that the petitioner has met the burden of proof required by law to show that he entered the United States lawfully by the introduction into evidence of his nonquota immigrant visa indicating his lawful admission of the United States at Niagara Falls, New York, March 5, 1953 and by the testimony of said Loretta Mauro.
As to the claim of testifying falsely and giving erroneous information concerning his arrests and/or conviction, the petitioner testified that he was not aware that he in fact had been at any time under arrest and that he did not realize that the incidents involving the judge or police had any criminal implications.
He contends that he had little knowledge of English and that he thought he had to be placed in jail in order to be arrested. The Court does not believe there is any merit to these contentions. The evidence discloses that when the government objected to his first application for naturalization, he withdrew the same because, in part, at least, he failed to state that he had been arrested for nonsupport. In this, his second application, he admitted his arrest on the aforesaid nonsupport charge but denied any other arrest; the Government on subsequent investigation ascertained an arrest for assault second and disorderly conduct. With the forewarning of the Government's objection to his first application, the petitioner certainly was on notice and was aware of the meaning of the word 'arrest.' Furthermore, § 312 of the Immigration and Nationality Act, 8 U.S.C.A . § 1423, requires 'an understanding of the English language, including an ability to read, write and speak words in ordinary usage in the English language'. This Court believes that the word 'arrest' is one used in ordinary conversation. An applicant who is unable or claims to be unable to understand its meaning fails to meet the requirements of the law. In...
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