United States v. Docherty
Citation | 212 F.2d 40 |
Decision Date | 22 April 1954 |
Docket Number | No. 14792.,14792. |
Parties | UNITED STATES v. DOCHERTY. |
Court | U.S. Court of Appeals — Fifth Circuit |
Douglas P. Lillis, Dist. Counsel, Immigration & Naturalization Service, James L. Guilmartin, U. S. Atty., Miami, Fla., for appellant.
No appearance entered on behalf of appellee.
Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.
This appeal from an order1 granting the petition for naturalization of the appellee, George Blakemore Docherty, presents a single question of law. This is: May it be found and held that an applicant for admission to citizenship who, while under oath, on his preliminary examination, in order to facilitate and insure his naturalization and thus obtain citizenship, gave false answers to material questions concerning his record of criminal arrests, prosecution and convictions, has established the good moral character the act requires, and is entitled to an affirmance of the judgment appealed from.
The applicant, content to rest upon the judgment he obtained below, has not appeared either in person or by brief.
The United States, here by brief and oral argument, insists that the finding on which the grant of naturalization was based is contrary to accepted moral principles and standards and to the holdings and teachings of the cited cases,2 and that the grant of naturalization may not stand.
Giving all possible weight to the applicant's service in the United States Navy from January, 1944, to April, 1946, and his honorable discharge therefrom, and to the fact that, in his numerous brushes with the law, information as to which was withheld by him, the applicant had not been convicted of a felony, we are constrained to agree with the position of the United States.
The order and judgment appealed from is therefore reversed and the cause is remanded for further and not inconsistent proceedings.
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Gambino v. Pomeroy, Civ. No. 82-303.
...then not be a matter of discretion. If he is entitled to those benefits, the burden to show good moral character remains, U.S. v. Docherty, 212 F.2d 40 (CA 5, 1954). Also, at the hearing of November 30th, the court invited the views of the parties in respect to the procedures to be followed......
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United States v. Udani, 25773-SD.
...§ 316, 8 U.S.C.A. § 1427. ** Now Immigration and Nationality Act, § 335, 8 U.S.C.A. § 1446(f). 1 Cited with approval, United States v. Docherty, 5 Cir., 212 F.2d 40 (note); United States v. Accardo, D.C., 113 F. Supp. 783, affirmed on opinion of District Court, 3 Cir., 208 F.2d 632, certior......