The opinion of the court was delivered by: WORTENDYKE
Jurisdiction in this denaturalization case is conferred by 8 U.S.C. § 1451. The defendant resides in the District of New Jersey and the action is instituted by the United States Attorney for that District.
Annexed to the complaint is an affidavit of good cause made by W. E. Farnham, and sworn to June 25, 1959. The affiant was an attorney and Regional Counsel in the Northeastern Regional Office of the Immigration and naturalization Service at Burlington, Vermont. The affidavit states that Antonio Riela filed a petition for naturalization in the name of Antonino Pietro Riela in the United States District Court for the Eastern District of New York, at Brooklyn, on May 15, 1933, and was admitted to citizenship by that Court on August 22, 1933, receiving a certificate of naturalization numbered 3,733,920, in the name of Antonino Pietro Riela.
In an application for a reentry permit to be used for a six month absence in France and Italy, beginning December 27, 1931, petitioner alleged that his name was Pietro Riela; that he then last arrived in the United States at the Port of New York on July 8, 1923, on the S.S. Guglielmo Peirce; that he was born August 5, 1896, at Terranova, Italy; and that he was single.
In an application for a certificate of arrival and preliminary form for declaration of intention, dated September 16, 1930, petitioner represented that his name was Antonino Pietro Riela, and that he arrived under that name on the date and vessel, at the port noted, and was born on the date and at the place which he had previously stated, and that he was not married and had no children.
In his statement of facts to be used in his petition for citizenship, petitioner stated, under date of May 15, 1933, that his name was Antonino Pietro Riela, resided at 1148 Belmont Avenue, Brooklyn; that his place and date of birth, and date of entry into the United States were as previously stated; and that he met his first verifying witness Antonio Falletta on August 5, 1924 and his second witness John Joseph Kenny in December of 1924. He repeated the foregoing information in his petition for naturalization, executed May 15, 1933.
The affiant, Farnham, charges that the foregoing allegations of Antonio Riela were false and untrue, in that:
(1) his name was not Pietro Riela but Antonio Riela;
(2) he was born August 5, 1897 at San Giuseppe Jato, Italy, and not on August 5, 1896 in Terranova, Italy;
(3) the certificate of arrival filed with his petition for naturalization, although showing the arrival of Pietro Riela on the date and by the steamship stated, did not relate to the arrival of Antonio Riela;
(4) the Pietro Riela referred to in the certificate of arrival was born in Terranova on August 22, 1896, and did enter the United States on July 8, 1922 on the S.S. Guglielmo Peirce;
(5) petitioner was not residing at 1148 Belmont Avenue, Brooklyn when he filed his petition, but at 184 N. 15th Street, Bloomfield, New Jersey, where he had resided for the period of six months immediately preceding the filing of his petition for naturalization;
(6) he did not know his verifying witnesses since 1924, but knew John Joseph Kenny for only one week before filing his petition, and Antonio Falletta from 1931;
(7) he had not visited at Falletta's home, or seen Kenny on the job, but had seen Falletta only on the street;
(8) he was not attached to the principles of the Constitution of the United States, or well disposed to the good order and happiness of the United States;
(9) there was not attached to his petition for naturalization a certificate of arrival showing the date, place and manner of his entry into the United States;
(10) he was not single and childless when he applied for a declaration of intention in 1930, and for a reentry permit in 1931, but had been married September 3, 1921 and had a son, Andrea, ...