United States v. Poslusny

Citations

• 179 F. 836
• 103 C.C.A. 324
• 1910 U.S. App. LEXIS 4715

Syllabus

<p>Aliens (§ 68*) — Naturalization—Time.</p> <p>Rev. St. § 2168, as amended by Act Cong. June 29, 1906, e. 3592, § 4, 34 Stat 596 (U. S. Comp. St. Supp. 1909, p. 480), provides that when an alien, who has declared his intention to become a citizen of the United States, dies before he is actually naturalized, his widow and minor children, by complying with the other provisions in the act, may be naturalized without' making any declaration of intention. Helé that, where an alien declared his intention to become a citizen July 31, 1889, and died March 6, 1892, without having been admitted to citizenship, petitioner, his son, who came to the United States April 25, 1891, when between eight and nine years of age, and filed a petition for naturalization on April 22, 1909, three years after the passage of Act June 29, 1906. was not guilty of such laches as barred his right to citizenship, though he delayed his application for six years and five months after he became of age, and for nine years and five months after he became eighteen, when he could have first taken the required oaths.</p> <p>[Ed. Note. — Eor other cases, see Aliens, Dec. Dig. § 68.*</p> <p>Citizenship under state and federal.laws, see note to City of Minneapolis v. Reum, 6 C. C. A. 37.]</p>