270 F. 334 | E.D. Mo. | 1921
The Act of March 4, 1913, c. 141, § 3, 37 Stat. 737, U. S. Comp. Stat. §§ 961, 962, amending Act of June 29, 1906, c. 3592, § 1, 34 Stat. 596, U. S. Comp. St. § 963, provides:
* * * That it shall be the duty of the said Bureau [of Immigration! to pro,vide, for use at the various immigration stations throughout the United States, books of record, wherein the commissioners of immigration shall cause a registry to he made in the case of each alien arriving in the United States from and after the passage of this act of the name, age, occupation, personal description (including height, complexion, color of hair and eyes), the place •of birth, the last residence, the intended place of residence in the United States, and the date of arrival of said alien, and, if entered through a port, the name of the vessel in which he comes. And it shall be the duty of said commissioners of immigration to cause to be granted to such alien a certificate of such registry, with the particulars thereof.
Paragraph 4 of the second subdivision of section 4 of the aforesaid act of June 29, 1906 (Comp. St. §■ 4352), which is in effect at the ples-ent time, contains this provision:
At the time of' filing his petition there shall bo filed with the clerk of the court a certificate from the Department of Labor, if the petitioner arrives in the United States after the passage of this act [that is, on and after June 29, 1908], stating the date, place, and manner of his arrival in the United States, * * which certificate * * * shall he attached to and made a part of said petition.
The requirements of law surrounding certificate of arrival matters were for a time very broadly construed. In re Schmidt (D. C.) 207 Fed. 678; In re McPhee (D. C.) 209 Fed. 143; In re Pick (D. C.) 209 Fed. 999; In re Titone (D. C.) 233 Fed. 175. But these cases have been deprived of any authority by the pronouncement of the Supreme
It is urged that the certificate of arrival is merely a form of proof which the naturalization court has power to dispense with for cause. The uses served by the certificate, the history of the provision, and its relation to other parts of the act show that this contention is unsound.
Section 1 requires that a registry be made of certain facts concerning each alien arriving in the United States; and that “a certificate of such registry with the particulars thereof” be granted to each alien. Section 5 requires clerks of court to give public notice of each petition for naturalization filed. Section 6 prohibits courts from taking final action upon any petition until 90 days after such notice has been given. That period is provided so that the examiners of the Bureau of Naturalization and others may have opportunity for adequately investigating whether reasons exist for denial of the petition-The certificate of arrival is the natural starting point for this investigation. It aids in ascertaining (a) whether the petitioner was within any of the classes of aliens who are excluded from admission by sections 2 and 38 of the Immigration Act of February 20, 1907 (34 Stat. 898) ; (b) whether he is among those who are excluded from naturalization under section 7 of the Naturalization Act for political beliefs or practices; (c) whether he is tlie same person whose declaration of intention to become a citizen is also attached to the petition under section 4, subdivision second; (d) whether the minimum period of five- years’ continuous residence prescribed by section 4, subdivision fourth, has been complied with. The certificate of arrival is in practice deemed so important that in the regulations issued by the Secretary of Labor under section 28 “for properly carrying into execution the various-provisions” of the act, the clerk of court is advised that he “should not commence the execution of the petition until he has received the certificate of arrival.”
Filing the certificate of arrival being a matter of substance, it is clear that no power is vested in the naturalization court to dispense with it. Section 4 declares “that an alien may be admitted to become a citizen of the United States in the following manner and not otherwise.” Section 27 declares “that substantially the following forms shall be used in the proceedings to which they relate”; and the form of petition therein prescribed recites : “Attached hereto and made a part of this petition” is “the certificate from the Department of Labor required by law.” Experience and investigation had taught that the widespread frauds in naturalization, which led to the passage of the act of June 29, 1906, were, in large measure, due to the great diversities in local practice, the carelessness of those charged with duties in this connection, and the prevalence of perjured testimony in cases of this character. ■ A “uniform rule of naturalization,” embodied in a simple and comprehensive code under federal supervision, was believed to be the only effective remedy for then existing abuses. And, in view of the large number of courts to which naturalization of aliens was intrusted and the multitude of applicants, uniformity and strict enforcement of the law could not be attained unless the code prescribed also the exact character of proof to be addued. The value of contemporary documentary evidence was recognized, and the certificate of .arrival was therefore specifically included among the prerequisites to naturalization. Naturalization granted without the certificate having been filed is therefore “illegally procured.” United States v. Ginsberg, 243 U. S. 472.
It is particularly to. be noted that “at the time of filing his petition there shall be filed with the clerk of court,” by the petitioner, the certificate of arrival called for by the statute. The same provision of law requires the candidate to make a part of his application, in the same manner, his declaration of intention. Where a valid declaration of intention is not attached to such a petition at the time of its filing, that
It is made the duty by law of the Commissioner of Immigration at the port of entry to make such record of the arrival of each and every alien as will later permit such official to prepare from the official records of his office a certificate of arrival for use in naturalization purposes. Nothing short of a certificate prepared by such official, in the manner prescribed, will meet the requirements of the statute. A petition for naturalization, that was not at the time of its execution supported by a certificate of arrival fully meeting the terms of the act, is a mere nullity, and must be denied. Such disposition must therefore be made of this application, as a telegram such as was used by the petitioner at the time of the filing of his application cannot be substituted for the lawfully prescribed'certificate of arrival.