United States v. Saracino, 4104.
| Decision Date | 08 September 1930 |
| Docket Number | No. 4104.,4104. |
| Citation | 43 F.2d 76 |
| Parties | UNITED STATES v. SARACINO. |
| Court | U.S. Court of Appeals — Third Circuit |
Charles Denby, Jr., Asst. U. S. Atty., and Calvin S. Boyer, Acting U. S. Atty., both of Philadelphia, Pa.
Adrian Bonnelly, of Philadelphia, Pa., for appellee.
Before WOOLLEY and DAVIS, Circuit Judges, and JOHNSON, District Judge.
The petition of Silvio Saracino for naturalization as a citizen of the United States of America was filed February 8, 1926, and he was permitted to take the oath of allegiance on May 10, 1926, and was on the same day admitted to citizenship. On July 28, 1927, a petition was filed by the United States to cancel the certificate of naturalization on the ground that Saracino had "denied under oath before United States Naturalization Examiner Herbert S. Read that he had ever been arrested and willfully and knowingly concealed from said representative of the government and from the naturalizing court at the time of his naturalization" the fact that he had been arrested and convicted prior to his naturalization of aggravated assault and battery and assault and battery with intent to kill, and that he "concealed material facts as to his moral character from the Government." The answer to the petition did not deny these facts, and the petition came on for hearing before the District Court on July 31, 1928. Upon hearing, the District Court on March 7, 1929, entered a decree dismissing the petition. From this decree, the United States of America has taken an appeal to this court.
The question for determination on this appeal is whether the naturalization certificate granted to Silvio Saracino prior to the Act of June 8, 1926, 44 Stat. 709 (8 USCA § 399a), should be canceled because he withheld from the naturalization examiner material facts as to his moral character and knowingly made a false, material statement, under oath, in the preliminary examination before a naturalization examiner as a result of which no objection was made by the United States in open court to the alien's naturalization.
The Act of June 29, 1906, § 15, 34 Stat. 601, as amended (8 USCA § 405), provides:
"It shall be the duty of the United States district attorneys for the respective districts, or the Commissioner or Deputy Commissioner of Naturalization, upon affidavit showing good cause therefor, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of...
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