'Pietro Riela.' The witness stated that he could not remember making the application.
G-16 (again in the name of Pietro) is a permit to reenter the United States, which bore, according to the defendant's concessions, his handwriting and his picture. The permit was to expire December 7, 1932, but the witness (under compulsion) admitted that he never departed from the country thereunder.
Defendant also admitted (under compulsion) that he was naturalized in Brooklyn; that G-17 (in the name of Antonio P. Riela) is the certificate of citizenship issued to him; and that it bears his signature and photograph. Asked whether he ever lived in Brooklyn, he admitted that he had an address at 'some place in Belmont Avenue.'
He also admitted that his signature is upon G-18 (in the name of Antonio), an application for a certificate of arrival on a preliminary form for a petition of citizenship, dated May 15, 1933.
Other than as aforesaid, the defendant pleaded lack of memory when ordered to answer other questions. He did, however, admit his handwriting on G-18A (name of Antonio) captioned 'Statement of Facts to be Used in Filing my Petition for Citizenship.'
He denied that he ever left the United States before his naturalization, but admitted that G-19 (Antonino Pietro) 'Declaration of Intention for Citizenship' bore his photograph and handwriting.
He also admitted that G-20 (Antonino Pietro) petition for citizenship, bore his signature.
A letter, dated October 17, 1932, marked G-21 (Antonino Pietro) addressed to the Department of Labor in Washington, concededly bore his signature. This letter explained that he had not used, and was returning the reentry permit.
Defendant's uncle, Joseph Rizzo, who, defendant says, gave him the information which he used in securing the certificate of naturalization, has since died.
G-22 (Antonio) is a voluntary statement given by the defendant to the Police Division of the Department of Public Safety of the City of Newark, which the defendant admits he signed.
Upon the trial of the case, the Government called as a witness Antonio Falletta, of 652 Lincoln Avenue, Brooklyn, New York, where he had resided since 1931, and who was a citizen of the United States since 1920. Falletta was a witness for the defendant on the latter's application for naturalization. This witness identified the defendant, and testified that the defendant had requested him to act as one of his witnesses because he wanted to become a citizen of the United States, by reason of having a wife and child in Italy. The witness further testified that the defendant had never visited him at his home but that the defendant requested him to procure another witness for him. Falletta knew a person by the name of Kenny and requested him to be a witness for the defendant, with defendant's approval. Defendant was known to the witness as Antonio Riela, whom he had then known for about five years, and who lived a block away from the witness' address, on the same street.
The defendant offered no oral testimony, and his two documentary exhibits, admitted in evidence, were of remote, if any, relevancy to the issues presented for decision.
Section 1451 of Title 8 is constitutional. United States v. Costello, 2 Cir., 1960, 275 F.2d 355, affd. 365 U.S. 265, 81 S. Ct. 534, 5 L. Ed. 2d 551. However, this denaturalization section must be strictly construed in favor of the defendant. United States v. Minker, 3 Cir., 1955, 217 F.2d 350, affd. 350 U.S. 179, 76 S. Ct. 281, 100 L. Ed. 185; United States v. Genovese, D.C.N.J.1955, 133 F.Supp. 820, affd. 3 Cir., 236 F.2d 757, cert. den. 352 U.S. 952, 77 S. Ct. 327, 1 L. Ed. 2d 244.
A denaturalization proceeding is essentially an action for the rescission of the naturalization. In order to prevail, the Government must establish that the defendant was guilty of fraud or misrepresentations and that the Government was deceived thereby. United States v. Anastasio, 3 Cir., 1955, 226 F.2d 912, cert. den. 351 U.S. 931, 76 S. Ct. 787, 100 L. Ed. 1460.
Any false statement made by a petitioner for naturalization in a naturalization proceeding constitutes a fraud upon the Government if it is material to the right of the petitioner to be naturalized, and is relied upon by the Government. United States v. Genovese, supra; United States v. Galato, D.C.Pa.1959, 171 F.Supp. 169; United States v. Failla, D.C.N.J.1958, 164 F.Supp. 307; United States v. Accardo, D.C.N.J.1953, 113 F.Supp. 783, affd. 3 Cir., 1953, 208 F.2d 632, cert. den. 347 U.S. 952, 74 S. Ct. 677, 98 L. Ed. 1098.
That an applicant for naturalization used a name other than his own, failed to disclose his true identity, and concealed facts relating to his identity suffices to vitiate his citizenship certificate. United States v. DeLucia, D.C.Ill.1957, 163 F.Supp. 36, affd. 7 Cir., 256 F.2d 1487, cert. den. 358 U.S. 836, 79 S. Ct. 59, 3 L. Ed. 2d 72, reh. den. 358 U.S. 896, 79 S. Ct. 152, 3 L. Ed. 2d 123; United States v. Perez, D.C.N.Y.1939, 29 F.Supp. 888; United States v. Doshen, 3 Cir., 1943, 133 F.2d 757.
CONCLUSIONS OF LAW
1. This Court has jurisdiction of the subject matter and of the parties to this action.
2. The order of the United States District Court for the Eastern District of New York, dated August 22, 1933, admitting Antonino Pietro Riela, also known as Antonio Riela and Anthony Riela, being the defendant herein, and Naturalization Certificate No. 3,733,920, issued to said defendant pursuant to said order, were procured by said defendant illegally, by concealment of material facts and wilful misrepresentation on the part of said defendant.
3. The order of the United States District Court for the Eastern District of New York, dated August 22, 1933, admitting Antonino Pietro Riela, also known as Antonio Riela and Anthony Riela, the defendant herein, to United States citizenship, is revoked and set aside, effective as of the original date of said order.
4. The certificate of naturalization, No. 3,733,920, issued to said defendant pursuant to the order aforesaid is cancelled, effective as of the original date of said certificate.
5. The certified copy of said certificate of naturalization No. 3,733,920 delivered to said defendant must be surrendered by him to the Clerk of this Court.
6. The defendant, Anthony Riela, whether acting under that or any other name, should be forever restrained and enjoined from setting up or claiming any rights, privileges, benefits or advantages under the aforesaid order or certificate.
7. The Clerk of this Court is directed to transmit a certified copy of the judgment to be entered herein, together with the certified copy of the certificate of naturalization issued to defendant, if surrendered by him, to the United States Commissioner of Immigration and Naturalization Service, Department of Justice, and a certified copy of the judgment to the Clerk of the United States District Court for the Eastern District of New York, at Brooklyn, New York.
8. Plaintiff shall recover from defendant its costs to be taxed.
Submit order for judgment accordingly.
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