Foon Goon Mok v. United States

Ninth Circuit

Foon Goon Mok v. United States

186 F.2d 922

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 6, 1951

Docket12516

StatusPublished

This text of 186 F.2d 922 (Foon Goon Mok v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Foon Goon Mok v. United States, 186 F.2d 922 (9th Cir. 1951).

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Opinion

PER CURIAM:

In this case appellant’s petition ■for naturalization was denied by the district court upon the ground that the petitioner “has failed to establish his good moral character for the required period of time”. This, we think, was a plain finding that proof of good moral character was lacking. As the record contains an abundance of evidence from which such finding could be made, there is no merit in the claim that there was error in the finding.

This case is not like that of Yuen Jung v. Barber, decided by this court October 4, 1950, 184 F.2d 491. That case turned upon the narrow point that the order denying citizenship recited that petitioner “has failed to establish that he has been a person of good moral character”. (Emphasis added.) The court’s decision was based upon its opinion that the finding was open to the construction that it referred to petitioner’s character at some period in the past. The finding in this case is not susceptible to any such construction.

Affirmed.

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PER CURIAM:

In this case appellant’s petition ■for naturalization was denied by the district court upon the ground that the petitioner “has failed to establish his good moral character for the required period of time”. This, we think, was a plain finding that proof of good moral character was lacking. As the record contains an abundance of evidence from which such finding could be made, there is no merit in the claim that there was error in the finding.

This case is not like that of Yuen Jung v. Barber, decided by this court October 4, 1950, 184 F.2d 491. That case turned upon the narrow point that the order denying citizenship recited that petitioner “has failed to establish that he has been a person of good moral character”. (Emphasis added.) The court’s decision was based upon its opinion that the finding was open to the construction that it referred to petitioner’s character at some period in the past. The finding in this case is not susceptible to any such construction.

Affirmed.

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186 F.2d 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foon-goon-mok-v-united-states-ca9-1951.

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