Petition for Naturalization of Clarino

691 F. Supp. 193, 1988 U.S. Dist. LEXIS 15742
CourtDistrict Court, C.D. California
DecidedApril 28, 1988
DocketPetition Nos. 528661 JMI, 505589 JMI, 528071 JMI, 577395 JMI, 519708 JMI, 550633 JMI, 522931 JMI, 529503 JMI, 536864 JMI, 489761 JMI, 512546 JMI, 512506 JMI, 529035 JMI, 426514 JMI, 522280 JMI, 514771 JMI, 528672 JMI, 485774 JMI and 26979259 JMI
StatusPublished
Cited by1 cases

This text of 691 F. Supp. 193 (Petition for Naturalization of Clarino) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petition for Naturalization of Clarino, 691 F. Supp. 193, 1988 U.S. Dist. LEXIS 15742 (C.D. Cal. 1988).

Opinion

OPINION AND ORDER GRANTING PETITIONS FOR NATURALIZATION

IDEMAN, District Judge.

The petitioners are nineteen (19) Phillipine nationals who have petitioned for naturalization pursuant to Sections 701-705 of the Nationality Act of 1940, ch. 199, 56 Stat. 182, et seq., as amended, 8 U.S.C. Sections 1001-1005 (hereinafter the “Act”).1 The Immigration and Naturalization Service, (hereinafter the “INS”), denied their petitions for naturalization. The petitioners brought a Motion to Calendar the Petitions for Naturalization for A Final Hearing. The court granted the petitioners’ Motion to Calendar the Matter for a Final Hearing. The hearing was scheduled for April 27, 1987. On April 27, 1987, the court heard oral argument by the parties. The court directed the parties to submit briefs addressing the legal issues raised. The hearing was continued to June 8, 1987. The briefs were received and oral argument was heard thereafter. The petitioners have submitted their existing service records, their affidavits, and transcripts of their preliminary examination by the INS. In addition, petitioners and some of their witnesses were examined de novo under oath before the court. The court has jurisdiction pursuant to 8 U.S.C. Section 1421(a).

[195]*195I.PETITIONERS’ CLAIMS

Petitioners, who have lived in the United States for varying lengths of time, claim to have served honorably in the United States armed forces during World War II in that they served in the Philippine Scouts or the Commonwealth Army of the Philippines. All petitioners claim the right to citizenship under Section 701 of the Act contending that they served honorably during the war. Moreover, some of the petitioners can only apply under Section 701, as they were discharged before a commissioner arrived in the Phillipines, and hence could never have qualified under Section 702. They contend that the government should be estopped from relying upon the expiration date of the Act, specifically Section 701, because of governmental misconduct and bad faith similar to that which has led other courts to estop the government from relying upon the statutory expiration date of Section 702. Furthermore, some of the petitioners assert that the court should invoke its equitable powers to modify the proof of service requirement of Section 701. Under Section 701, the petitioners’ affiants must be United States citizens of noncommissioned rank or higher. Finally, the.petitioners claim citizenship under Section 702. They contend that they were still on active duty when the commissioner arrived in the Philippines and that, but for governmental misconduct and bad faith, they could have achieved citizenship by this route.

The INS contends, however, that the petitioners are ineligible for naturalization under Section 701 due to their insufficient proof of service in a recognized Army unit or their insufficient proof of filing an application for naturalization before the expiration of the Act. Furthermore, the INS contends that, under Section 702, many petitioners are ineligible for naturalization because they were discharged before examiner Ennis was withdrawn from the Philippines.

II.THE ACT

Shortly after the entrance of the United States into World War II, Sections 701-705 were added to the Nationality Act of 1940, by the Second War Powers Act of 1942, ch. 199, 56 Stat. 176, et seq., as amended.2 The Act expired by its own terms on December 31, 1946. The purpose of the Act was to provide special consideration for aliens who served honorably in the United States armed forces during the war and wished to become American citizens. The Act provided two routes to citizenship.

Section 701 authorized citizenship for present and former members of the armed forces, but required the applicant to eventually present himself before a United States court of competent jurisdiction. The requirement of Section 701 that the applicant appear before a court possibly reflected the view that time was of less urgency with respect to a discharged service member who was probably out of harm’s way and not readily available to the commissioners created by Section 702.

Section 702 provided an even faster track for members who were currently on active duty. Commissioners were created and were given world-wide jurisdiction to go to the troops and grant citizenship on the spot to qualified applicants.

The obvious purpose of the Act was to encourage aliens to serve in the United States armed forces and to reward those who served honorably and who aspired to become United States citizens. Sections 701-702 of the Act required that persons who sought to be naturalized had to have served prior to December 28, 1945. Furthermore, their petitions for naturalization had to be filed by December 31, 1945.3

III.IMPLEMENTATION OF THE ACT

For a comprehensive summary of the historical background of this case and the implementation of the Act, the court quotes from In the Matter of the Naturalization of 68 Filipino War Veterans, 406 F.Supp. 931, 935-36 (N.D.Cal.1975).

[196]*196Pursuant to the Act, officers of the INS were sent to overseas military posts to effect the naturalization of eligible members of the United States armed forces. Between 1943 and 1946, these officers traveled from post to post through England, Iceland, North Africa, and the islands of the Pacific, naturalizing thousands of foreign nationals. In the Philippines, of course, naturalization of alien servicemen was impossible during the Japanese occupation. However, with the liberation of the Philippines, implementation of the Act commenced, following resolution of two preliminary problems of statutory interpretation concerning the eligibility of Filipino servicemen under Sections 701-702. (Footnote omitted). In early August of 1945 the INS designated Mr. George H. Ennis, Vice Consul of the United States at Manila, to naturalize aliens pursuant to Section 702.
Pursuant to Section 10(a) of the Philippine Independence Act of 1934, ch. 84, 48 Stat. 463, the Philippines were to become a fully independent, self-governing country on July 4, 1946. Apparently fearful that large numbers of Filipinos would be naturalized and emigrate to the United States on the eve of independence, an unidentified official of the Philippine Government conveyed to the United States Department of State the Philippine Government’s concern that Filipinos who had always been domiciled in the Philippines were being naturalized by Vice Consul Ennis. (Footnote omitted). Based on this concern, on September 13, 1945, the Commissioner of the INS wrote to the Attorney General requesting that the authority previously granted to Vice Consul Ennis to naturalize aliens be revoked, and that no new naturalization officer be named. (Footnote omitted). The Attorney General approved this request on September 26, 1945, and the authority of Vice Consul Ennis was immediately revoked. However, notice of that revocation did not reach Ennis until late October, 1945, for he continued to naturalize aliens until October 26, 1945. It was not until August, 1946, that another naturalization agent, Mr. P.J. Phillips, was appointed to the Philippines. Approximately 4000 Filipinos were naturalized by Mr.

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691 F. Supp. 193, 1988 U.S. Dist. LEXIS 15742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petition-for-naturalization-of-clarino-cacd-1988.