United States v. Nopoulos

Citations

• 225 F. 656
• 1915 U.S. Dist. LEXIS 1296

Syllabus

<p>•1. Aliens <@=>71%, New, vol. 7 Key-No. Series—Naturalization—Vacation —Jurisdiction of Court.</p> <p>Under Act June 29, 1906, c. 3592, § 15, 34 Stat. 601 (Comp. St. 1913, & 4374), declaring that it shall be the duty of the United States district attorneys, upon affidavits showing good cause, to institute proceedings, in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or illegality, the federal District Court has jurisdiction of a proceeding to set aside a certificate of citizenship issued by a state court, even if the right of appeal exists, which is negatived.</p> <p>2. Aliens <@=>71%, New, vol. 7 Key-No. Series—Naturalization—Proceedings to Set Aside.</p> <p>Qfi petition to the District Court to set aside a certificate of citizenship issued by a state court, there is a presumption that the findings of faet-'tiy the lower court were correct, which presumption is not conclusive, but Any errors of law will be reviewed.</p> <p>3. Aliens <@=>68—Naturalization—Bigi-it to.</p> <p>Under Act June 25, 1910, c. 401, § 3, 36 Stat. 830 (Comp. St. 1913, § 4352), declaring that any person belonging to the class of persons authorized and qualified to become a citizen of the United States, who has resided constantly therein for five years next preceding May 1, 1910, who, because-of misinformation in regard to his citizenship or the requirements of the law concerning naturalization, has labored under the impression that he was or could become a citizen in good faith, and lias exercised the right of a citizen or intended citizen, may, upon making a showing of such facte satisfactory to a court having jurisdiction to issue papers of naturalization, be granted a final certificate of naturalization, a subject of a foreign sovereign, who entered the United States in 1895, but did not understand that declaration