Petition of Fatoullah, 442414.
Citation | 76 F. Supp. 499 |
Decision Date | 05 March 1948 |
Docket Number | No. 442414.,442414. |
Parties | Petition of FATOULLAH. |
Court | U.S. District Court — Eastern District of New York |
Harry Addelson, of Brooklyn, N. Y., U. S. Naturalization Examiner.
Neil M. Lieblich, of New York City, for petitioner.
Khanbaba Fatoullah filed petition for naturalization No. 442414 in the U. S. District Court at Brooklyn, New York, on April 1, 1946, under provisions of Section 310(b) of the Nationality Act of 1940, 8 U.S.C.A. § 710(b) ( ).
On May 7, 1943, he executed DSS Form 301 which reads in part as follows: This form was subscribed and sworn to before E. C. Lindberg, a member of Local Board No. 20 of the Selective Service System in New York City. The petitioner is a native and citizen of Iran which was a neutral country at the time he executed this form.
On September 9, 1943, subsequent to the execution of the said DSS Form 301 by the petitioner, Iran became a cobelligerent. The question presented is whether the petitioner is precluded from naturalization in view of his application for relief from military service under Section 3(a) of the Selective Training and Service Act of 1940, as amended, or whether the fact that Iran became a cobelligerent subsequent to the date upon which the applicant applied for relief takes him out of the excluded class.
The language of the Selective Training and Service Act in effect at the time the application was filed is found in Title 50 U.S.C.A.Appendix, § 303:
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Machado v. McGrath, 10445.
...war, either with or without reclassification of its aliens, would remove the bar to citizenship previously incurred. Petition of Fatoullah, D.C.E.D.N.Y.1948, 76 F.Supp. 499; see In re Martinez, D.C.W.D.Pa.1947, 73 F.Supp. The judgment below is reversed and the cause remanded for further pro......
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Petition of Velasquez, 603305.
...certiorari denied 1954, 348 U.S. 887, 75 S.Ct. 207, 99 L. Ed. 697; In re Molo, D.C.S.D.N.Y. 1952, 107 F.Supp. 137; Petition of Fatoullah, D.C.E.D.N.Y.1948, 76 F.Supp. 499; In re Martinez, D.C.Pa.1947, 73 F. Supp. 101. Congress nowhere provided for the withdrawal of a Form 301 once filed, no......
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In re Molo
...Kaufman on April 23, 1951, held that Iran was a neutral country within the Act on August 10, 1942, even after its treaty. Petition of Fatoullah, D.C., 76 F.Supp. 499, found Iran was neutral in May, 1943. The Department of State, in a letter dated January 25, 1949, took the position that Ira......