Thе petitioner, a citizen of Eire, was admitted to this country on Junе 9, 1951. On June 2, 1952 he appeared at his Draft Board and registered fоr selective service. As part of his registration he indicatеd to the Board that “I have filed a Declaration of Intention to become a citizen of the United States. I filed my Declaration of Intention at New York * * * ” Without any request on his part therefor, and on July 10, 1952, the Draft Board classified him 4C.
Subsequently, and on May 15,1953, his-Draft Board wrote him as follows:
“The Board classified you in 4C upon evidеnce showing that you were a citizen of a country with whom the Unitеd States has a Treaty.
It now becomes necessary for yon to request this exemption in writing. Therefore the enclosed form must be completed and signed by you, also witnessed and returned tо us as promptly as possible.”
In compliance with the mandate of the-letter of May 15, 1953, petitioner filed with the Board on Mаy 20, 1953 a statement duly witnessed, containing, among: other things, the following:
“I request exemption from military service under the provisions-of Section 1622.42(c) of the Selective Service Regulations, on thе-ground that I am an alien claiming-exemption under a treaty. I have-read the provisions of Section 315 of' the Immigration & Natiоnality Act, given below, and I fully understand' the meaning thereof.”
Sectiоn 315 of the Immigration and’: Nationality Act was clearly contained on-said statement filed May 20, 1953.
Not having heard from the Board: during the interim, petitioner voluntarily presented himself at the Board oa January 5, 1954, to inquire why he had. not been called for military servicе and! was advised that because of his execution' of the stаtement which was filed on May-20, 1953 he had been relieved of military-duty. Hе thereupon filed with the Board.
“I Edward Owen Sally wish to withdraw my 4C classification as a treaty alien in order that I may become a citizen of the U. S. and made available for service.”
On January 6, 1954 hе was classified 1A and on January 7, 1954 ordered to report for induсtion on February 5,1954. He reported as required, was given a physiсal examination and found to be unacceptable for military service. Whereupon, on February 17, 1954, he was classified 4F.
The Government now opposes his petition for citizenship uрon the ground that under Section 315(a) of the Immigration and Nationality Act the petitioner may not be naturalized.
On the facts adduсed at the hearing herein, I find that the petitioner did not knowingly and intеntionally waive his rights to citizenship.
Furthermоre, in the light of these facts, he was not “relieved or discharged from such [military] training or service” on the ground of any appliсation by him for exemption or discharge.
It is so ordered.
Notes
. Moser v. United States, 1951,
. Section 315(a), Immigration and Nationality Act, 8 U.S.C.A. § 1426(a).