ALIENS-NATURALIZATION PROCEEDINGS-IS ALLEGED COMMUNIST ATTACHED TO PRINCIPLES OF CONSTITUTION?

Seeking citizenship status, petitioner filed a formal petition for naturalization, introduced affidavits of two citizens as to his character, and testified under oath that he would support the Constitution. The Immigration and Naturalization Service opposed his petition on the ground that he failed to show a proper attachment to the principles of the Constitution as required by the Nationality Act. On hearing, proof was made that petitioner was a member and officer of the International Workers Order, an organization labeled by the House Committee on Un-American Activities as a Communist front. Testimony of an immigration inspector that petitioner had the reputation in his community of being a Communist was also introduced.

On consideration of this evidence, the district court denied the petition for naturalization. Held, reversed; the evidence was insufficient to show a lack of attachment to the principles of the Constitution. Stasiukevich v. Nicholls, (C.C.A. 1st, 1948) 168 F. (2d) 474.