United States v. Beda, 193.
| Decision Date | 24 March 1941 |
| Docket Number | No. 193.,193. |
| Citation | 118 F.2d 458 |
| Parties | UNITED STATES v. BEDA. |
| Court | U.S. Court of Appeals — Second Circuit |
Nathaniel Phillips, of New York City (Nathaniel Phillips and S. S. Goldsmith, both of New York City, of counsel), for Sabatay Beda, defendant-appellant.
Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., and Morris K. Siegel, Asst. U. S. Atty., of New York City, of counsel), for the United States of America, complainant-appellee.
Before SWAN, AUGUSTUS N. HAND, and CHASE, Circuit Judges.
This is a suit by the government to cancel the certificate of naturalization of the defendant, Sabatay Beda, granted under order of the New York Supreme Court entered on November 9, 1927. The suit resulted in a decree cancelling the certificate, from which the defendant has appealed. The decree was granted on the ground that on June 4, 1927, the time when the petition for citizenship was filed, the appellant had not been a resident of the United States during the period of five years immediately preceding. We think that the decision was justified by the evidence and should be affirmed.
The appellant was a Syrian by birth. He emigrated to the United States from The Argentine in 1919, and had become a naturalized citizen of The Argentine in 1918. During the five years preceding June 4, 1927, when he filed his naturalization petition, he was engaged in business both in New York and Cuba and was absent from the United States two years or more in the aggregate. His wife generally went with him and at one time was away from the United States for a whole year. At the trial he testified that he intended to maintain a continuous residence in New York, that his trips to Cuba were on temporary business, that he had an automobile in New York which was registered in his own name, that two of his four children were born here, that in 1923 and 1925 he had left his furniture in storage in New York while away on trips to Havana, that on leaving this country he had expected to and did return, and that from the year 1930 down to the time when the suit to cancel his naturalization was tried he had lived in the United States without intermission.
In September, 1924, and again in September, 1925, and November, 1926, a passport visa was granted to the defendant by the United States Consul at Havana, Cuba. Each visa was granted to the defendant as a non-immigrant upon his affidavit that he considered himself...
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