order of this court before seeking deportation of the relator. While the court, at the time the order was made, was of the opinion that the order of naturalization forbade deportation until set aside -- which opinion is less fixed at present by reason of subsequent investigation -- nevertheless the order had other reasons back of it. The relator, while visiting Italy several times, did so under the protection each time of a United States passport. At no time did he remain for any extended time except after he was inducted into the Italian Army. His residence and employment have been continuously in the United States, with no violation of law cited against him.
The allegation against him was a declaration of his wife, seeking entry to this country, that her husband had served in the Italian Army. This admission was certified to the United States by the United States Consul at Rome.
At the time the relator was inducted into the Italian Army complaints of naturalized citizens of Italian birth were numerous to the effect that the Kingdom of Italy refused to recognize United States naturalizations and had forced them to do military service. This fact was known to the court, and received some weight in its decision. The long residence of the relator in this country, and his complaint to the naturalization officers -- see testimony of William T. Shockley -- made it plain that this petitioner had not voluntarily submitted to the military service after his naturalization.
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