*1 UNITED STATES IMMIGRATION AND NATURAL v.

IZATION SERVICE HIBI No. 72-1652. Decided October Per Curiam.

Respondent filed his United States District Court for the Northern District of California on September 13, 1967. The District Court granted the petition, rejecting the negative recommenda tion of the naturalization examiner appointed by the Attorney pursuant General to § 335 of the Immigration and Nationality Act, 66 Stat. 255, 8 U. S. §C. 1446. The Court of Appeals affirmed, 475 F. 2d (CA9 1973), hold ing that even though the deadline fixed by Congress for the filing applications such as respondent’s expired more than 20 years earlier, petitioner was “estopped” from relying on this fact.

Respondent was born Manila in 1917, and in Feb- ruary 1941 enlisted in the Philippine Scouts, a unit that was of the United States Army. He captured by the Japanese Armed Forces and released after six months’ internment. In April 1945 after the liberation of the Philippines by Allied he Forces, rejoined the Scouts December discharge served until ofAct *2 702 of 701 and Sections non- of naturalization the provided for amended, the of Armed Forces in the honorably served who citizens II.* Section War during World States United 1940, added Nationality Act of the 702, 701, and of *Sections amended, 182, as Act, 1942, 56 Stat. Powers War the Second per V), provided in Supp. (1940 ed., 1001, 1002, 1005 C. U. S. §§ part: tinent age, who of citizen, regardless a “[A]ny person not Sec. 701. military naval forces or honorably in the or hereafter serves has served been have shall and war present [w]ho the States the of United and who thereof a resident induction or enlistment time of his at the including its Terri- States, the United lawfully into (a) admitted States, includ- having the United (b) entered possessions,or tories and being 1943, September prior to possessions, ing its Territories hon- serves States United into the admission lawful unable to establish States the of United limits continental orably beyond the in forces such the all compliance with upon may be naturalized has served or so (1) no declara- except that laws requirements of the naturalization group in described for those arrival intention, of no certificate tion of States the United within period residence of (b) hereof, no may naturalization (2) petition for required; any be shall State of regardless jurisdiction having any court be naturalization filed be petitioner shall (3) the petitioner; the residence in his own petition sign language, English speak the required to however, Provided, test; . . . any educational meet handwriting, or than December not later be filed petition (3) shall That ... 1946. . . .” natural- any person entitled war, present “During the Sec. honorably serving while who 701 of ization under section within is not States military . . forces . in the may aliens, be any authorized jurisdiction court of section provisions applicable with all in accordance naturalized petition court. a before appearing 701 without made shall this section petitioner for naturalization Immigra- with, representative before, filed and sworn designated Service Naturalization tion and hereby designated Commissioner, which Deputy Service, con- behalf to receive concerning matter testimony thereon, take hearings duct

exempted certain alien servicemen who served outside the continental limits of the United some of the usual requirements for naturalization, including period those of a of residence in the United States and literacy English. An amendment speci- this section fied that all petitions filed under it had to be filed no later than December 31, 1946. Section provided the overseas persons naturalization of eligible for natural- ization under 701§ who were not within the juris- diction of any court authorized to naturalize aliens; naturalization under 702§ could place take dur- only ing active service in the Armed Forces. Section 705 authorized the Commissioner of Immigration and Natu- ralization, with the approval of Attorney General, *3 to make such rules and regulations as were necessary to carry into effect provisions of the Act.

Respondent entered the United States for the first and only time on April 25, 1964, more than 17 years after the expiration of the time limit established by Congress for claiming naturalization under the “exemptions of the Act.” He entered on a visitor-for-business visa, which expired on June 30, 1964. His subsequent petition for naturalization was based on the assertion that the Gov- ernment was estopped from on relying the statutory time limit which Congress had attached to the provisions under which he claimed. The estoppel was said to arise from petitioner’s failure to advise him, during the time he was touching or in way affecting the admissibility peti- tioner for naturalization, to call witnesses, to oaths, administer includ- ing the oath petitioner and his witnesses to the for naturalization and the oath of renunciation allegiance prescribed by section 335 of and to naturalization, and to issue certificates of citizenship . . .”. Sec. 705. “The Commissioner, approval with the of the Attorney General, prescribe shall and furnish such forms, and shall make such rules and regulations, may necessary carry into effect the provisions of this Act.” naturalization, for apply right eligible, of represent- a provide failure petitioner’s respondent time all of Philippines in the ative naturalization. eligible were in his class those contention, and respondent’s adopted Court District Appeals. Court by upheld were conclusions its in a is Government that settled well It respect with litigant private aof to that identical position Congress. by enacted laws enforcement to its neglect duty laches general rule “As a defense to a is no the Government officers of part of public right protect public suit it enforce by the A suit ... interest. lands policy respecting its and maintain

enforce upon people stands trust for all it holds in respects other and some plane in this a different regain the title to private suit ordinary from the from it.” Utah a cloud property or to remove real States, Light v. United 243 U. S. Power & Co. (1917). Congress with charged by petitioner has been Here made available benefits Act which both administering an class and persons respondent’s of naturalization to of such benefits. claiming cutoff for the established a date established the cutoff date Petitioner, enforcing *4 claims for the benefits Congress, recognizing as well as in public policy estab- enforcing is conferred by Congress. lished the issue of whether “affirmative misconduct” on

While it might estop denying Government Kennedy, v. open was left Montana 308, 314, (1961), U. no conduct of the sort there ad- S. to was here. We do not think that verted involved fully publicize rights Congress ac- failure corded under the Act of 1940, or the failure to have sta- tioned in the Philippine Islands all of the time those rights were available an authorized naturalization representative, give can rise to an estoppel against Government.

Respondent’s effort to claim naturalization statute which by its terms expired had more than years before he filed his lawsuit must therefore fail. The petition for certiorari granted is judgment and the Court Appeals is reversed.

Mr. Justice Douglas, with whom Mr. Justice Bren- nan and Mr. Justice Marshall concur, dissenting. today Court summarily reverses the decision the Court of Appeals, which found that the Govern- ment estopped was from denying citizenship to respond- ent under Act of 1940.1 The Court reasons that estoppel even arguably applicable because there no “affirmative misconduct” on the part of the States; it implies that there were merely failures “fully publicize” the rights given by the Act and “to have stationed in the Philippine dur- Islands all ing of the time those rights were available an author- ized representative.” Failures of this kind could, perhaps, excused if caused exigencies war as long good-faith to carry efforts pro- out the visions of the Act been made.

But the Court ignores the record and the decisions below when it speaks only of these failures. In 1942, Congress amended the Nationality Act of 1940 to extend the benefits of citizenship to individuals who had fought in the Armed Forces of the United States during World War II, authorizing the appointment of naturalization C. 54 Stat. 1137.

10 the outside noncitizens benefits these to confer

officers 1943 Between court.2 aof naturalization jurisdiction post, post traveled officers 1946, these and islands and the Africa, North Iceland, England, through nationals foreign of thousands naturalizing of Pacific, the Congress. of mandate to the pursuant the After was different. Philippines story in the The an Ameri- Philippines ended, of the occupation Japanese naturaliza- to commence authorized can vice-consul immediately thereafter, Almost in 1945. proceedings tion concern about its expressed Philippine Government the 199, 1001, added 27, 1942, which c. amended, Act of Mar. § As waived Act 56 Stat. the 701-705 to the §§ residency in naturalization, as such requirements for normal certain literacy English who in for noncitizens and United States the Id., 701. Section Armed Forces. § the in served benefits claim these aliens could provided that Act the amended of jurisdiction aof they when, respondent, were outside like even they service only long were in active court, so but naturalization desig explicitly authorized the Forces; also section this in Armed purposes: its to effectuate officers naturalization nation of naturalization any person war, entitled “During present honorably mili- serving Act, who while under section jurisdiction not within United States is tary naval forces may aliens, be naturalized any authorized court without section 701 provisions of applicable all the with accordance petition for natural- court. a naturalization appearing before and be made sworn this section shall any petitioner under ization of Immigration and with, representative of the before, and filed Deputy designated Service Naturalization hereby Commissioner, designated hearings Service, to conduct behalf of the petition in to receive such testimony concerning any touching or matter' thereon, to take natu- admissibility petitioner for way affecting oaths, including witnesses, the oath ralization, to call administer petition to the petitioner and witnesses allegiance prescribed section oath of renunciation naturalization, issue certificates Act, and to of this Id., § *6 Filipino men leaving the Territory after granted being citizenship. American In response to these concerns, Immigration, September on 13, wrote a 1945, letter to the Attorney General recommend- ing that the “situation ... be handled revoking the previously authority granted [the vice-consul] omitting designate any representative confer Philippine . Islands. . .” The Commisioner’s recommendation was approved by the Attorney September General on 26, authority of the vice-consul to naturalize alien service- men immediately revoked.

Because of this action, there was no authorized natu- ralization in the Philippines. The Dis- trict Court found as a fact that had he respondent, known about his right to be naturalized while he was in the Armed Forces and had means been available, would applied have for naturalization. with no Instead, means available, respondent was discharged from the Armed Forces in December 1945, thereby losing his right claim citizenship under 702§ of the 1940 Act.3 opinion Court’s ignores the deliberate —and suc- cessful—effort of agents of the Executive Branch to frustrate the congressional purpose and to deny rights substantive to Filipinos such as respondent by administrative fiat, indicating instead that there was no affirmative misconduct involved in this case.

The record does not support that I conclusion. would and put certiorari the case down for oral argument. 2, supra. See n. It August was not until eight months respondent’s after discharge, that agent a naturalization reappointed for the Philippines and a good-faith effort made to Filipinos 702 of the Act. In months, 4,000 § four Fihpinos advantage took of the opportunity.