requirements are complied with; and every certificate of citizenship must be treated as granted upon condition that the government may challenge it * * * and demand its cancelation unless issued in accordance with such requirements. If procured when prescribed qualifications have no existence in fact, it is illegally procured; a manifest mistake by the judge cannot supply these nor render their existence nonessential.'
The use of the certificate of arrival in the naturalization proceeding, knowing the same 'to have been procured by fraud or by false evidence', was in itself a felony under the penal provisions of the Nationality Act of 1940, 8 U.S.C. § 746(a)(16), and a fraud upon the Court. This conduct of the defendant, if known to the Court at the time, would have justified the denial of the petition for naturalization. It would have been persuasive evidence that the defendant lacked the good moral character required by the statute as a prerequisite to naturalization. Stevens v. United States, 7 Cir., 190 F.2d 880, 881; Del Guercio v. Pupko, supra.
Where, as in the instant case, there was 'no record of admission for permanent residence,' the registry of the defendant under the Act of March 2, 1929,c supra, was a prerequisite to his naturalization and therefore an essential step in the proceeding. Therefore, the initial fraud of the defendant, although it had its genesis in the registry proceeding many years before, ultimately permeated and defiled the naturalization proceeding. This fraud invalidated the naturalization proceeding.
Cancellation of Certificate of Arrival
The plaintiff was granted leave to amend the complaint so as to include therein a prayer for the cancellation of the certificate of arrival. This relief may be granted by the Attorney General under the express provisions of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1453. This prayer for relief is therefore denied but without prejudice to the right of the plaintiff to pursue the administrative remedy.
I. The certificate of naturalization which was issued to the defendant was illegally procured for the reasons hereinabove stated.
II. The certificate of naturalization which was issued to the defendant was fraudulently procured for the reasons hereinabove stated.
III. The certificate of naturalization will therefore be cancelled.
IV. The plaintiff shall prepare and submit to the Court, on notice to the defendant, an appropriate order for judgment.
'Sec. 32. That no alien excluded from admission into the United States by any law, convention, or treaty of the United States regulating the immigration of aliens, and employed on board any vessel arriving in the United States from any foreign port or place, shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to regulations prescribed by the Secretary of Labor providing for the ultimate removal or deportation of such alien from the United States, * * *.'
Sec. 34. That any alien seaman who shall land in a port of the United States contrary to the provisions of this Act shall be deemed to be unlawfully in the United States, and shall, at any time within three years thereafter, upon the warrant of the Secretary of Labor, be taken into custody and brought before a board of special inquiry for examination as to his qualifications for admission to the United States, and if not admitted said alien seaman shall be deported * * *.'
'Sec. 36. That upon arrival of any vessel in the United States from any foreign port or place it shall be the duty of the owner, agent, consignee, or master thereof to deliver to the principal immigration officer in charge of the port of arrival lists containing the names of all aliens employed on such vessel, stating the positions they respectively hold in the ship's company, when and where they were respectively shipped or engaged, and specifying those to be paid off and discharged in the port of arrival; * * *; and after the arrival of any such vessel it shall be the duty of such owner, agent, consignee, or master to report to such immigration officer, in writing, as soon as discovered, all cases in which any such alien has illegally landed from the vessel, giving a description of such alien, together with any information likely to lead to his apprehension; * * *.' (Now 8 U.S.C.A. §§ 1281, 1282, 1283, 1287.)
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