Astrup v. Immigration and Naturalization Service

United States Supreme Court

402 U.S. 509

Astrup  v.  Immigration and Naturalization Service

Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 840.  Argued: April 20, 1971 --- Decided: May 24, 1971

Petitioner, an alien, agreed to give up his right to become an American citizen in exchange for exemption from military service, pursuant to § 4 (a) of the Selective Service Act of 1948. After that section was repealed, petitioner was subjected to the draft, but was found to be physically unfit. His subsequent petition for naturalization was denied on the ground that he was debarred from citizenship. Section 315 of the Immigration and Nationality Act of 1952 provides that any alien who has applied for exemption from military service on the ground of alienage "and is or was relieved... from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States."

Held: Under § 315 an alien who requests exemption from military service is to be held to his agreement to relinquish all claims to naturalization only when the Government completely and permanently exempts him from service in the armed forces. Pp. 511-514.

432 F. 2d 438, reversed and remanded.

BLACK, J., delivered the opinion for a unanimous Court.

Paul N. Halvonik argued the cause for petitioner. With him on the brief was Marshall W. Krause.

Richard B. Stone argued the cause for respondent. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, and Charles Gordon.

Notes