" In Gaglione v. United States, 1 Cir., 35 F.2d 496, the court considered a situation wherein the appellant had been convicted of perjury alleged and found to have been committed at a preliminary hearing before a Naturalization Examiner. The court, after reviewing the statutory provisions relative to such preliminary hearing, stated 35 F.2d at page 497: "It was the duty of the examiner to take all evidence pertinent to the proper performance of his duty in making a recommendation to the court concerning the fitness of the applicant for naturalization, including his moral character.
Thus, in view of the nature of the proceeding, the false answer became material. Of the same opinion evidently was the Circuit Court of Appeals for the First Circuit as indicated in Gaglione v. United States, 35 F.2d 496, which is a case precisely like this one except the party who falsely testified in respect to his arrest was the applicant himself instead of the applicant's witness. The provision of the statute ("whoever * * * shall knowingly swear falsely") makes no distinction between those testifying.
It was his duty to fully and honestly disclose, both in his application and upon oral examination, his prior arrests and convictions. This evidence was relevant and material to the subject matter of the inquiry. Brenci v. United States, 1 Cir., 175 F.2d 90; Del Guercio v. Pupko, 9 Cir., 160 F.2d 799; United States v. Saracino, 3 Cir., 43 F.2d 76; Gaglione v. United States, 1 Cir., 35 F.2d 496; United States v. Goldstein, D.C., 30 F. Supp. 771. The statements made by the defendant, both in his application and upon oral examination, were wilfully false and were made with intent to deceive the Commissioner General of Immigration.
It was defendant's duty to disclose an arrest, as well as a conviction, in order that the Government might investigate before granting the decree. Gaglione v. U.S., 1 Cir., 1929, 35 F.2d 496; In re Paoli, D.C. Cal. 1943, 49 F. Supp. 128. That defendant's wilful failure to disclose this situation to the authorities had a material effect upon the action of the Naturalization officials and the Court in its decision to grant the decree, is undoubted. Particularly is this the case, since even the limited disclosures of the defendant were not passed on by the immigration officials, even tentatively, but referred to the Court for its own decision thereon.
He "falsified" and "misrepresented" and was also probably guilty of perjury. Gaglione v. U.S., 1 Cir., 35 F.2d 496. If he had revealed that he had been arrested it does not necessarily follow that he would have been denied citizenship, but this was information that the examining officers were charged by law with obtaining and to which they were entitled. The seriousness of the offense and the materiality of any arrest or conviction would be then up to the examining officers, and if they wrongfully refused petitioner naturalization he could then appeal to the courts. We also hold and find that the government examiner relied upon defendant's misrepresentations.
Section 4 of the Naturalization Act of June 29, 1906 (8 U.S.C.A. ยง 382), provides: "It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has * * * [for] five years at least * * * behaved as a man of good moral character * * *." The law is clear that the disputed question is proper as bearing on the moral character of the alien. If the question were asked, falsely and fraudulently answered, and if the United States proved these facts by a preponderance of the evidence, the Certificate of Citizenship should be canceled: Gaglione v. United States, 1 Cir., 35 F.2d 496; United States v. Saracino, 3 Cir., 43 F.2d 76; United States v. Rovin, D.C., 12 F.2d 942. After a careful examination of the entire record, and particularly of all the testimony, the Court is satisfied that the disputed question was asked the defendant Mancini, that he did falsely and fraudulently answer and so misrepresent material facts concerning his moral character, and that the United States has satisfactorily met the burden of proof imposed upon it in this proceeding.
This was particularly true in view of the applicant's admittedly bad record. See Gaglione v. United States, 1 Cir., 35 F.2d 496, 497, where it was well said: "It was the duty of the examiner to take all evidence pertinent to the proper performance of his duty in making a recommendation to the court concerning the fitness of the applicant for naturalization, including his moral character. His function was closely analogous to that of a master in equity.