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Petition of Millan. 266 F. Supp. 545.

Published online by Cambridge University Press:  28 March 2017

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Keywords

Nationalityconditions of naturalization of aliensburden of proof of good character on alienthe law of the United States
Type
Judicial Decisions
Information
American Journal of International Law , Volume 61 , Issue 4 , October 1967 , pp. 1068
Copyright
Copyright © American Society of International Law 1967

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References

1 Millan entered the United States in 1949, but was not admitted for permanent residence. His deportation was ordered in 1965; the order was affirmed by the Court of Appeals. Millan-Garcia v. Immigration and Naturalization Service, 343 F.2d 825 (U.S. Ct. App., 9th Cir., 1965). Millan then petitioned for a writ of certiorari to the Supreme Court which in a per curiam opinion directed that the judgment below be vacated and the case remanded to the Court of Appeals "upon examination of the entire record and in light of the representations of the Solicitor General that the petitioner will be afforded an opportunity to apply for citizenship and that there will be no deportation proceedings until such determination." 382 U.S. 69 (1965). In January, 1966, the Court of Appeals directed that Millan be allowed to file a petition for naturalization. 266 F. Supp. 545 at 546.

2 “No person … shall be naturalized unless such petitioner … (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.” 66 Stat. 242; 47 A.J.I.L. Supp. 29 at 37 (1953).