United States v. Simon

• Decision Date: 25 May 1909
• Docket Number: 3.
• Citation: 170 F. 680
• Parties: UNITED STATES v. SIMON.
• Court: U.S. District Court — District of Massachusetts

170 F. 680

UNITED STATES v. SIMON.

No. 3.

United States Circuit Court, D. Massachusetts.

May 25, 1909

The Assistant United States Attorney, for naturalization.

William H. Lewis, for the United States.

Guy A Ham, for defendant.

LOWELL Circuit Judge.

The United States filed a petition to vacate the respondent's naturalization, upon the ground that it was illegally procured, in that Simon 'had not resided continuously in the United States for a period of five years immediately preceding the date of his petition for citizenship.'

From the agreed statement of facts, it appeared that Simon, being a Russian, came to Canada in August, 1890, and there remained until January 26, 1896, when he 'migrated' to New York. On June, 1896, 'he returned to Canada for the purpose of closing up some business interests that he had left there when he came to the United States. At the time he left the United States, he intended to return, and went to Canada merely for the purpose indicated above.'

On June 18, 1896, while in Montreal, Simon filed a petition for British naturalization. In his 'oath of residence' appended thereto, he swore that 'in the period of seven years preceding this date (of the petition) I have resided seven years in the Dominion of Canada with intent to settle therein without having been during such seven years a stated resident in any foreign country. ' This was a false statement, but apparently it imposed upon the Canadian court. On the same day, he took the oath of allegiance to Queen Victoria, though the certificate of naturalization bears date September 21, 1906.

'On January 20, 1897, he returned to New York, since which time he has lived in the United States. ' On March 10, 1899 he made his preliminary declaration at Salem, Mass., in the First district court of Essex county. His petition alleged that he was an alien, born in Russia; that in January, 1896 'it was then and still is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince potentate, state or sovereignty whatsoever, and particularly to Nicholas II, Czar of Russia, into whose allegiance he was born, and to Victoria, Queen of the United Kingdom of Great Britain and Ireland, into whose allegiance he was naturalized, whose subject he has heretofore been. ' As he owed no British allegiance in January, 1896, the statement was untrue, though Simon may have erred from a confusion of his wavering intentions and multiplied allegiances. The preliminary declaration was duly recorded, and on April 20, 1901, Simon was naturalized in the same court. His former citizenship was not stated in the certificate of naturalization, nor the form of his renunciation of allegiance.

Section 15, Naturalization Act June 29, 1906, c. 3592, 34 Stat. 601 (U.S. Comp. St. Supp. 1907, p. 427), provides:

'That it shall be the duty of the United States district attorney for the respective districts, 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 cancelling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured.' The respondent contends that this court is without jurisdiction to vacate an order or decree of naturalization granted by another court which had jurisdiction of the subject-matter. But the language of the statute explicitly contradicts this contention. The act gives jurisdiction to cancel the naturalization certificate, not to the court which granted

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