Petition of Williams, 108-P-15289.
| Decision Date | 02 August 1979 |
| Docket Number | No. 108-P-15289.,108-P-15289. |
| Citation | 474 F. Supp. 384 |
| Parties | In the Matter of the Petition of Diana Lord WILLIAMS to be Admitted a Citizen of the United States of America. |
| Court | U.S. District Court — District of Arizona |
Charles J. Sanders, Gen. Atty., Immigration & Naturalization Service, Phoenix, Ariz., for the United States.
Diana Lord Williams, in pro per.
Petitioner, Diana Lord Williams, filed a petition for naturalization, pursuant to Section 316(a) of the Immigration and Nationality Act1, on April 19, 1978. The petition stated that Miss Williams was a native and national of Panama and that she was born January 13, 1950. Petitioner states that she was initially admitted to the United States for permanent residence on June 27, 1963 and has since resided in this country. The naturalization examiner opposes her petition on the grounds that she is not attached to the principles of the Constitution of the United States, that she is not well disposed to the good order and happiness of the United States, and that she is unwilling to take the oath of allegiance2, either as set forth in the Act or as modified for persons unwilling to take the full oath for religious reasons, as required by § 316(a) of the Act.
In hearings before the examiner, Charles J. Sanders, the petitioner stated under oath that she believed in the Constitution of the United States and the form of government of the United States; that she has never been arrested but that she would not take the oath of allegiance, especially the part referring to bearing arms and performing non-combatant services in the Armed Forces. Petitioner states that she has mental reservations about taking the oath in any form and stated that she would only obey those laws that did not conflict with her religious beliefs.
The petitioner, a Jehovah's Witness, states that her religious beliefs and training prevent her from voting, becoming active in politics, serving on a jury, bearing arms, or serving in civilian service deemed to be of national importance.
Petitioner appears sincere in her religious beliefs and the examiner has not challenged those beliefs. However, he contends that her unwillingness to take the oath of allegiance (either full or modified), shows that she has not established that she meets the requirements to be naturalized. He contends that she is not "well disposed to the good order and happiness of the United States" and that she is not "attached to the principles of the Constitution of the United States" and, therefore, as a matter of law, that she is ineligible for citizenship.
This Court has jurisdiction to hear this case pursuant to § 310 of the Immigration and Nationality Act3.
Section 316(a)4 of the Act provides, in part, that
Petitioner has the burden of establishing that she complies with all the statutory requirements of citizenship. Berenyi v. District Director, 385 U.S. 630, 87 S.Ct. 666, 17 L.Ed.2d 656 (1967); Kovacs v. United States, 476 F.2d 843 (2d Cir. 1973).
The courts have held that attachment and favorable disposition as used in the statute relate to mental attitudes. Allan v. United States, 115 F.2d 804 (9th Cir. 1940). However, the courts have also noted that patriotism ". . . is not a condition of naturalization" and "that attachment is not addressed to the heart, demands no affection for or even approval of a democratic system of government, but merely an acceptance of the fundamental political habits and attitudes which here prevail, and a willingness to obey the laws which may result from them." United States v. Rossler, 144 F.2d 463 at p. 465 (2d Cir. 1944).
Section 337 of the Act requires that an oath of allegiance be taken as a condition to the granting of citizenship. There is, however, a modified oath to be given where the petitioner is unable for religious grounds to take the full oath.
Section 337 of the Immigration and Nationality Act5, provides that a petitioner for naturalization must take an Oath of Allegiance in open court (1) to support the Constitution of the United States; (2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate or sovereignty of whom or which the petitioner was before a subject or citizen; (3) to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic; (4) to bear true faith and allegiance to the same; (5) (a) to bear arms on behalf of the United States when required by the law, (b) to perform non-combatant services in the armed forces of the United States when required by the law, (c) to perform work of national importance under civilian direction when required by the law, all of this to be assumed without mental reservation or purpose of evasion.
Although attachment and favorable disposition generally contemplates a willingness to vote, serve on a jury, hold public office or otherwise participate in affairs of the government, petitions have been granted to those people who refuse to perform these obligations based on religious beliefs and training. In re Pisciattano, 308 F.Supp. 818 (D.Conn.1970); United States v. Hillyard, 52 F.Supp. 612 (E.D.Wash.1943). In Hillyard, the court decided that a Jehovah's Witness may be...
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Major v. Treen
... ... , the classes of Republican and suburban interest plaintiffs were unsuccessful, and their petition for attorneys fees was denied. Defendants objected to Black and Hispanic plaintiffs' request on ... Williams incurred in June, 1983 will be disallowed in its entirety. Mr. Williams was not counsel of record ... ...
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In re De Bellis, 246079.
...if she can qualify it. In my view, this amounts to a sufficient mental reservation to preclude her naturalization. See In re Williams, 474 F.Supp. 384, 387 (D.Ariz. 1979), where, under facts virtually identical to those in the case at bar, the court denied a Jehovah's Witness' petition for ......