227, United States v. Jakini, D.C. 69 F.Supp. 707; In re Petition of Gabin, D.C., 60 F.Supp. 750.
The responsibility for admitting aliens to citizenship is lodged in the courts. The work of the examiners is intended to be of assistance to the courts in discharging that responsibility. United States v. Best, D.C., 73 F.Supp. 654.
In a naturalization proceeding where there have been preliminary hearings before an examiner, the Court may in its discretion examine the petitioner and the witnesses, and must do so if the petitioner so demands, and the United States has an unqualified right to cross-examine the petitioner and his witnesses, and produce evidence on its own behalf. Furthermore, the petitioner may demand that the Government's witnesses be called and an opportunity be given to face his accuser and cross-examine said witness. Petitions of Rudder et al., 2 Cir., 159 F.2d 695.
In this proceeding there is no evidence which indicates that t e petitioner is not of good moral character. The petitioner has explained the circumstances under which he lives and is now residing. The Government was afforded an opportunity to disprove his statements which was not done.
'Good moral character' which an alien seeking naturalization must prove results from acts and conduct of an individual, and is of such a character as measures up to the standards of average citizens of the community in which the alien resides.
What is of good moral character within the meaning of the statute is not easy of determination in all cases. The standard may vary from one generation to the other. What are the settled restrictions which exist in society and the way average men of good will act, or what is the ascertainment of the living law as it applies to the facts in this case?
I do not believe it is violative of the standards of the American way of life for an individual to secure as his place of abode accommodations in a rooming house. The actions of the petitioner are of such a character as measure up to the standards of the average citizen of the community in which the petitioner has resided. I, therefore, believe that the petitioner has been and still is a person of good moral character. The application for citizenship is granted.
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