Petition for Naturalization of Spak

3 Citing cases

  1. In re Huymaier

    345 F. Supp. 339 (E.D. Pa. 1972)   Cited 1 times
    Holding failure to remain current on child support payments did not preclude finding of good moral character

    Also, the common conscience of this country has included, at least since 1940, an obligation on parents to provide both material and spiritual needs for children. In re Spak's Petition, 164 F.Supp. 257, 260 (E.D.Pa.1958). Accord, In re Halas' Petition, 274 F.Supp. 604 (E.D.Pa.

  2. U.S. v. Jean-Baptiste

    395 F.3d 1190 (11th Cir. 2005)   Cited 77 times   1 Legal Analyses
    Holding that engaging in a narcotics-distribution conspiracy prior to being naturalized, and being convicted post-naturalization, are sufficient grounds for denaturalization

    Case law discussions of extenuating circumstances in the context of a determination of good moral character establish that such circumstances must pertain to the reasons showing lack of good character, including acts negating good character, not to the consequences of these matters, including the consequences of denaturalization. See, e.g., Rico v. INS, 262 F.Supp.2d 6 (E.D.N.Y. 2003) (finding that a naturalization applicant who did not show extenuating circumstances affecting his DWI conviction in the statutory period could not establish good moral character because he failed to accept responsibility for his crime, failed to establish a claimed rehabilitation and lacked candor); In re Briedis, 238 F.Supp. 149 (N.D.Ill. 1965) (discussing extenuating circumstances that made the adulterous conduct of the naturalization applicant "merely technical"); Petition of Spak, 164 F.Supp. 257 (D.C.Pa. 1958) (finding that naturalization applicant lacked good moral character and no extenuating circumstances explained his failure to provide support for his mentally deficient child for three and one-half years). Jean-Baptiste has therefore failed to establish extenuating circumstances going to the reasons for his denaturalization.

  3. In re Halas

    274 F. Supp. 604 (E.D. Pa. 1967)   Cited 1 times

            When Congress is silent on the question, we should see if the petitioner's character coincides with the generally accepted mores or standards of the average citizen of the community in which the petitioner resides.         We are assisted in our quest for the generally accepted mores or standards of the community by an examination of In re Spak, 164 F.Supp. 257 (E.D.Pa., 1958), wherein the Pennsylvania Support Statute, 18 P.S.Pa. section 4733, was considered as indicative of the necessity of support of the petitioner's dependents. In a factual setting strikingly similar to the instant case, failure to support for the requisite period was considered demonstrative of undesirable moral standards, with resulting denial of the petition for naturalization.