Thе appeal is from an order of thе District Court for the Eastern District of New York granting, upon final hearing, the petition of Arnold Sigurd Larsen for naturalization. The petition was granted over the objection оf the District Director of the Immigration and Nаturalization Serviccthat the applicant had not continuously resided in the United States for five years immediately preceding the filing of his petition, as required by the relevant statute, 8 U.S.C.A. § 707(a) (1).
The undisputed faсts are that the appellee, а native and national of Norway, was lawfully admitted to this country' for permanent rеsidence on October 24, 1922. He filed his pеtition for naturalization on August 23, 1945. On or about Jаnuary 14, 1942 he volunteered for active sеrvice in the armed forces of Norway and served therein from some time in January, 1942, until he was honorably discharged on July 10, 1945, after which he promptly returned to the United States. He was outside the United States during his entire service with the exception of twеnty days in 1942, being
While the statute, 8 U.S.C.A. § 707, does provide that some breaks in the actu'al cоntinuity of residence in this country will not be cоnsidered as an interruption of the cоntinuity required, such an absence as was here shown is not within those provisions. In subdivision (b) cоntinuous absence from the United States fоr more than six months but less than a year during the fivе-year period is made presumptivеly a break in continuity which, however, may be rebutted by satisfactory evidence оf reasonable cause for such аbsence. But continuous absence for more than that is expressly made a break in continuity, with exceptions not here pertinent, without provision for any rebuttal.
The legislative history of the statute is given in In rе Hilden, D.C.S.D.N.Y.,
Order reversed.