Re Martinez

CourtUnited States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
Docket NumberCase No. 50
Date13 July 1947
District Court
Case No. 50
In re Martinez

Nationality — Naturalization — Alien Claiming Exemption from Military Service during War — Law of the United States.

In In re Martínez, 73 F. Supp. 101, a District Court for the Western District of Pennsylvania held, on July 13, 1947, that the petition for naturalization filed by José Marítnez, a Spaniard, who in 1942 had applied for exemption from military service as a subject of a neutral country, and who had several weeks later withdrawn that application mainly because he had in the meantime been discharged from his employment, must be refused in accordance with the Selective Training and Service Act, 1940, which provides that any citizen or subject of a neutral country who requests deferment from military service on the basis of alienship, is debarred from citizenship if an application is made. In In re SchachtUNK, 68 F. Supp. 216, decided by the District Court for the Northern District of Texas, Dallas Division, on October 26, 1946, the Court held that the discretionary exit of an alien...

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