In re Rustigian

Citations

• 165 F. 980
• 1908 U.S. App. LEXIS 4820

Syllabus

<p>1. Aliens (§ 40*) — Conflict Between Immigration and Naturalization Laws.</p> <p>It was no part of the intended policy of Rev. St. § 1994 (U. S. Comp. St. 1900, p. 1268), providing that any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen, to annul or override the immigration laws, so as to authorize the admission into the country of the wife of a naturalized alien not otherwise entitled to enter.</p> <p>[Ed. Note. — For other cases, see Aliens, Cent. Dig. § 100; Dec. Dig. § 40.*]</p> <p>2. Aliens (§ 70*) — Naturalization — Wife of Naturalized Alien —“Who Might Herself be Lawfully Naturalized.”</p> <p>Rev. St. § 1994 (U¡ S. Comp. St. 3901, p. 1268), provides that any woman married to a citizen of the United States, and who might herself he lawfully naturalized, shall he deemed a citizen. Hold, that the clause “who might herself be lawfully naturalized” limited such section to a woman lawfully within the country, her own capacity, independent of her marital status, being essential to attainment of citizenship, so that, where the wife of a naturalized alien was not entitled to enter the country under the immigration regulations because afflicted with a contagious disease, she would not become a citizen entitled to enter by the naturalization of her husband.</p> <p>[Ed. Note. — For other cases, see Aliens, Cent. Dig. § 157; Dec. Dig. § 70.*]</p>