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277 F. 969

Docket No. 5805.

In re Graf

Maryland District Court

Decided January 23, 1922.)

Maryland District Court · decided 1922-01-23

<p>Citizens ©=>9—Naturalization of minor surviving parent during Ms minority malms Mm a citizen.</p> <p>The son of alien parents, whose father died an alien, but whose mother remarried, and her husband was naturalized during her lifetime and the son’s minority, held to have thereby become a citizen.</p> <p>^saJPor other cases see same topic & KEr-NUMBEit in all Key-Numbered Digests & Indexes</p>

Relies on United States v. Kellar · United States ex rel. Fisher v. Rodgers

Petition dismissed · Decided 1922-01-23

¶1Citizens ©=>9—Naturalization of minor surviving parent during Ms minority malms Mm a citizen.

¶2The son of alien parents, whose father died an alien, but whose mother remarried, and her husband was naturalized during her lifetime and the son’s minority, held to have thereby become a citizen.

¶3In the matter of the petition of Michael Graf for naturalization.

¶4Petition dismissed.

¶5^saJPor other cases see same topic & KEr-NUMBEit in all Key-Numbered Digests & Indexes

¶6ROSE, District Judge.

¶7The petitioner seeks naturalization. Both his Barents were foreign-born. His father, who was never naturalized, died while he was quite young. His mother married again, and- dur*970ing her lifetime, and while the petitioner was still a minor, his stepfather was naturalized, and, in consequence, his mother also became a naturalized citizen. His only living parent having been naturalized while he was a minor residing in the United States, he thereby became a citizen. United States v. Kellar (C. C.) 13 Fed. 82; United States v. Rodgers (D. C.) 144 Fed. 711.

¶8His petition for naturalization will accordingly have to be dismissed, because he is already a citizen.

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