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302 F.2d 263

Docket No. 352, Docket 27267.

Hunter v. United States

Second Circuit Court of Appeals

Argued May 2, 1962.

Decided May 3, 1962.

Second Circuit Court of Appeals · decided 1962-05-03

Cited by 1 later decisions — most recently May 1962

1 federal appellate ·

2 counsel of record

Applies 8 U.S.C. § 1426 (§ 315 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Moser v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1962-05-03

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¶1Joseph K. Guerin, New York City (Myers & Guerin, New York City, on the brief), for petitioner-appellant.

¶2Roy Babitt, Sp. Asst. U. S. Atty., Southern Dist. of New York, New York City (Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, on the brief), for respondent-appellee.

¶3Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

¶4PER CURIAM.

¶5There was ample evidence for the Naturalization Examiner and the District Court to find that the petitioner for naturalization had “knowingly and intentionally” waived his rights to citizenship, Moser v. United States, 341 U.S. 41, 47, 71 S.Ct. 553, 95 L.Ed. 729 (1951), by signing Selective Service Form 130 which relieved him from military service upon the condition expressly stated on the face of the form, pursuant to § 4(a) of the 1948 Selective Service Act, 50 U. S.C.A.Appendix, § 454(a), see § 315 of the Immigration and Naturalization Act of 1952, 8 U.S.C.A. § 1426, that he “shall thereafter be debarred from becoming a citizen of the United States.”

¶6Affirmed.

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