United States v. Waskowski, No. 9147.
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | EVANS, and SPARKS, Circuit , and LINDLEY, Districe |
| Citation | 158 F.2d 962 |
| Parties | UNITED STATES v. WASKOWSKI. |
| Docket Number | No. 9147. |
| Decision Date | 21 February 1947 |
158 F.2d 962 (1947)
UNITED STATES
v.
WASKOWSKI.
No. 9147.
Circuit Court of Appeals, Seventh Circuit.
January 25, 1947.
Rehearing Denied February 21, 1947.
J. Albert Woll, U. S. Atty., John P. Lulinski, and Maurice C. Handelman, Asst. U. S. Attys., and Dewey G. Hutchinson, Naturalization Examiner, all of Chicago, Ill., for appellant.
Jack Freeman, of Chicago, Ill. for appellee.
Before EVANS, and SPARKS, Circuit Judges, and LINDLEY, Districe Judge.
LINDLEY, District Judge.
The Government appeals from an order admitting appellee to citizenship, insisting that he has failed to show that he had resided continuously for a period of five years in the United States immediately prior to filing his application.
Appellee lawfully entered the United States for permanent residence on March 30, 1912. Some eight years later, in 1920, the Secretary of Labor issued a warrant for his deportation, reciting that he, the Secretary, had "become satisfied that appellee was a member of or affiliated with, (1) an organization advocating overthrow of the Government by force or violence, (2) an organization teaching such overthrow and (3) an organization entertaining belief in and advocating such overthrow. The warrant ordered appellee deported to Russia but was never carried into execution for the reason that that nation maintained that one leaving it before 1917 could not thereafter be received as a Soviet citizen but, if he re-entered, would be subject to deportation. Consequently, petitioner at all time since 1920 has dwelt within this country, as other people have lived, and fathered two children, one of whom served in the military forces of the United States in World War No. II. He has been a member of his church twelve years and is "president" of the congregation; is an experienced automobile mechanic and has been awarded six citations and certificates of merit by the United States Treasury in appreciation of outstanding patriotic service in bond drives, two certificates of merit from the American Red Cross and one from the Community Chest Fund, all in recognition of his voluntary services in behalf of the aforesaid organizations.
The undisputed fact is that he is not and has not for many years at least, if ever, been engaged in any proscribed activities. Indeed, the Government advised the District Court that it had been able to find nothing reflecting upon the character of appellee and now insists that the only question presented to us is a...
To continue reading
Request your trial
-
International Shoe Mach. Corp. v. United Shoe Mach. Corp., No. 6043.
...decree, the ultimate judgment relates only to the period embraced by the evidence adduced at the trial. Cf., United States v. Waskowski, 158 F.2d 962 (7th Cir., 1947); Johnson v. Flemming, 264 F.2d 322 (10th Cir., 1959). Thus, evidentially speaking, though the decree was handed down in 1953......
-
Application of Murra, No. 9809.
...the section under 178 F.2d 673 consideration, except there it is ten years while here it is five. In United States v. Waskowski, 7 Cir., 158 F.2d 962, in passing on the qualification of an applicant for naturalization, this court held, contrary to the contention of the government, that it c......
-
Shomberg v. United States, No. 48
...deportation or naturalization ipso facto terminated the possibility of the other occurring. See United States v. Waskowski, 7 Cir., 158 F.2d 962. And in the few instances where deportations were stayed in order to permit aliens to obtain a Page 544 hearing under a recently enacted naturaliz......
-
Petition of Tucci, No. 141
...the filing of the petition" and their application to subsequently-filed petitions is clear enough. Cf. United States v. Waskowski, 7 Cir., 158 F.2d 962. We have found nothing in the legislative history of the Internal Security Act of 1950 to shed any light upon what Congress intended to be ......
-
International Shoe Mach. Corp. v. United Shoe Mach. Corp., No. 6043.
...decree, the ultimate judgment relates only to the period embraced by the evidence adduced at the trial. Cf., United States v. Waskowski, 158 F.2d 962 (7th Cir., 1947); Johnson v. Flemming, 264 F.2d 322 (10th Cir., 1959). Thus, evidentially speaking, though the decree was handed down in 1953......
-
Application of Murra, No. 9809.
...the section under 178 F.2d 673 consideration, except there it is ten years while here it is five. In United States v. Waskowski, 7 Cir., 158 F.2d 962, in passing on the qualification of an applicant for naturalization, this court held, contrary to the contention of the government, that it c......
-
Shomberg v. United States, No. 48
...deportation or naturalization ipso facto terminated the possibility of the other occurring. See United States v. Waskowski, 7 Cir., 158 F.2d 962. And in the few instances where deportations were stayed in order to permit aliens to obtain a Page 544 hearing under a recently enacted naturaliz......
-
Petition of Tucci, No. 141
...the filing of the petition" and their application to subsequently-filed petitions is clear enough. Cf. United States v. Waskowski, 7 Cir., 158 F.2d 962. We have found nothing in the legislative history of the Internal Security Act of 1950 to shed any light upon what Congress intended to be ......