United States Immigration & Naturalization Service v. Hibi

414 U.S. 5, 94 S. Ct. 19, 38 L. Ed. 2d 7, 1973 U.S. LEXIS 165
Supreme Court of the United States·Decided December 10, 1973·No. 72-1652·Published·Cited by 282 cases

Opinions

Per Curiam.

Respondent filed his petition for naturalization in the United States District Court for the Northern District of California on September 13, 1967. The District Court granted the petition, rejecting the negative recommendation of the naturalization examiner appointed by the Attorney General pursuant to § 335 of the Immigration and Nationality Act, 66 Stat. 255, 8 U. S. C. § 1446. The Court of Appeals affirmed, 475 F. 2d 7 (CA9 1973), holding that even though the deadline fixed by Congress for the filing of applications such as respondent’s had expired more than 20 years earlier, petitioner was “estopped” from relying on this fact.

Respondent was born in Manila in 1917, and in February 1941 enlisted in the Philippine Scouts, a unit that was part of the United States Army. He was captured by the Japanese Armed Forces and released after six months’ internment. In April 1945 after the liberation of the Philippines by Allied Forces, he rejoined the Scouts [6]*6and served until his discharge in December 1945.

Sections 701 and 702 of the Nationality Act of 1940, as amended, provided for the naturalization of non-citizens who served honorably in the Armed Forces of the United States during World War II.

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United States Immigration & Naturalization Service v. Hibi, 414 U.S. 5, 94 S. Ct. 19, 38 L. Ed. 2d 7, 1973 U.S. LEXIS 165 (1973).

414 U.S. 5 (United States Immigration & Naturalization Service v. Hibi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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