(Download) "In Re Petition of Zele" by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Petition of Zele
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 08, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is an appeal from an order of the District Court accepting the recommendations of the trial examiner and denying the petition for naturalization of Eugene Zele on the ground that good moral character had not been satisfactorily established. The facts of the case can be found in our former opinion, 127 F.2d 578, 580, wherein we reversed an order of the District Court denying Zeles petition and remanded the proceeding for hearing in accordance with the views there expressed. We stated that under 8 U.S.C.A. 382, the burden of proof to show good moral character rested upon petitioner, but that "good behavior during the five year period [i.e., preceding the date of the petition] is the only test of moral fitness provided in the statute." And we went on to speak of petitioners connection with Harold Van Riper - whose conviction of various offenses in advising aliens to violate the naturalization laws was before us in U.S. v. Van Riper, 2 Cir., 92 F.2d 1020, certiorari denied 303 U.S. 635, 58 S. Ct. 521, 82 L. Ed. 1096; Id., 99 F.2d 816, and 113 F.2d 929, certiorari denied 311 U.S. 696, 61 S. Ct. 134, 85 L. Ed. 451 - as follows: "It would not be reasonable to infer misbehavior during that period from the petitioners entanglement in 1931 with Van Riper - a crooked lawyer who led aliens to seek citizenship through the use of false documents and lured them on by promises to speed their admission by political influence." The special pertinency of this statement will appear as we discuss later herein the actual course which the rehearing took.
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