Petition of Nybo

• Decision Date: 12 August 1929
• Docket Number: No. 31925.,31925.
• Citation: 34 F.2d 161
• Parties: Petition of NYBO.
• Court: U.S. District Court — Western District of Michigan

34 F.2d 161 (1929)

Petition of NYBO.

No. 31925.

District Court, E. D. Michigan, S. D.

August 12, 1929.

Beckenstein, Levin & Levin and Fred M. Butzel, all of Detroit, Mich., for petitioner.

O. T. Moore, District Director of Naturalization, and James L. Pangle, Assistant District Director of Naturalization, both of Detroit, Mich.

TUTTLE, District Judge.

This petition for citizenship is opposed by the Bureau of Naturalization on the grounds that the applicant, Andrew Nybo, has not, during all of the required period preceding the hearing of said petition, "behaved as a man of good moral character attached to the principles of the Constitution of the Untied States and well disposed to the good order and happiness of the same." 8 USCA ? 382. The court has heard the testimony of witnesses in open court. The facts are undisputed.

The petitioner was born in Norway on June 1, 1895, entered the United States lawfully as an emigrant on April 20, 1923, immediately took up his residence in the state of Michigan, and has been a resident of this division and district ever since that time. Petitioner is a highly educated man, of excellent habits, and has for many years held a position of trust with a large business concern here in Detroit.

On May 8, 1928, Nybo filed his petition for naturalization in this court, and was at that time qualified in every way for citizenship. The government contends that the conduct of the petitioner subsequent to the filing of the petition, and hereinafter related, furnishes grounds for denying the petition.

Nybo had for a long time prior to the filing of his petition been engaged to marry a young woman who was a citizen and resident of Norway. They were both anxious that she should, without delay, come to Detroit, Mich., that they should be married, that they should become citizens of the United States and permanent residents of Detroit, where petitioner desired to continue his employment with the business firm. In pursuance of this worthy purpose, the young woman attempted to secure a consular visa from the American consul in Norway. This was refused, not because of any fault or defect on the part of the young woman, but solely because the quota was exhausted for Norwegian emigrants to the United States. Being advised that the status of the quota (8 USCA ? 211) was such that a delay of about two years would be necessary, they decided that she should come to Canada, that the petitioner should meet her in Canada, that they should be married in Canada, and that then she should attempt to lawfully enter the United States under the Canadian quota for emigrants. Pursuant to this undertaking, which they then believed to be lawful and possible, she came to Canada. The petitioner secured a two weeks' leave of absence from his firm; he met the young woman at the boat upon her arrival in Canada; they were promptly and on July 6, 1928, lawfully married in Canada; they went for a honeymoon trip in Canada. When petitioner's vacation period was drawing to a close, they went to the American consul at Windsor (Ontario, Canada), hoping and expecting that as the wife of Nybo she would be able to lawfully enter the United States. Consular visa was again denied, and they were correctly advised that the young woman, then and now the wife of Nybo, could not lawfully enter this country except as a citizen of Norway and under the Norwegian quota. Petitioner and his wife were both greatly disappointed and disturbed. She could not speak English; she had no friends or relatives except her husband on this side of the Atlantic who could speak the Norwegian language. Nybo felt that he must return to his employment in the United States.

On July 19, 1928, under these trying circumstances, and with full knowledge that the wife, who had twice been refused consular visa, had no right to enter the United States, they went to a point in Canada on St. Clair river about 50 miles north of Windsor, hired a rowboat, and, under the guise of being out fishing, crossed the river, landed on the American side in a rural section of this division and district, and in that manner designedly accomplished the unlawful entry of Nybo's wife into the United States. They were promptly discovered and arrested by the immigration patrol and taken to Port Huron, Mich., before the nearest United States commissioner. Petitioner was charged with the offense of smuggling an alien into the United States in violation of section 8 of the Immigration Law (8 USCA ? 144). Warrants for the arrest of Nybo and his wife under deportation proceedings were issued. Both made full and frank admission of their guilt. Nybo's employers and friends interceded in his behalf. The...