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UNITED STATES EX REL. BUCCI v. BROMBERG

August 17, 1945

UNITED STATES ex rel. BUCCI
v.
BROMBERG, Acting Officer in Charge, Immigration and Naturalization Service



The opinion of the court was delivered by: GIBSON

On July 26, 1945, this court heard the petition of the relator, Domenico Bucci, and ordered his discharge from custody.

The United States Attorney has requested the court to file a memorandum opinion relative to the matter, and this memorandum is in compliance with his request.

 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.

19450817

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