Petition for Naturalization of Zaharia

1 Citing case

  1. Medalion v. United States

    279 F.2d 162 (2d Cir. 1960)   Cited 4 times

    rocess of acquisition without requiring affirmative action on the part of the alien." This language becomes especially pertinent in the case at bar in which the alien tried to make the declaration required by the First Act but was refused leave to file it. Moreover, even though it were permissible for us not to follow the quotation from United States v. Menasche, supra, there has been such a concord of decisions that have relied upon it that we should not feel at liberty to disregard it. The Third and Ninth Circuits have treated it as imperative. Aure v. United States, 9 Cir., 225 F.2d 88; Petition of Wolff, 270 F.2d 422. Six District Judges have also so held: Petition of Kaufteil, D.C.S.D.N.Y., 152 F. Supp. 538; Petitions of F____ G____ and E____ E____ G____, D.C.S.D.N.Y., 137 F. Supp. 782; Petition of Pauschert, D.C.S.D.N.Y., 140 F. Supp. 485; Petition of Pinner, D.C.N.D.Cal., 161 F. Supp. 337; Petition of Rosenbaum, D.C.S.D.N.Y., 171 F. Supp. 141; Petition of Zahario, D.C.S.D.N.Y., 166 F. Supp. 314. It appears to us that in the face of such unanimity we should accept the language as authoritative until the Supreme Court disclaims it. Anything else would only serve to confuse the administration of the Second Act which is being applied in numberless cases. Order affirmed.