of Popper, supra; Petition of Wright, D.C., 42 F.Supp. 306' United States v. Schwarz, D.C., 82 F.Supp. 933; Petition of Corres, D.C., 79 F.Supp. 265.
The petitioner has met the requirements of law as to five years' continuous residence prior to the date of filing his application for citizenship.
Has the peittioner established during the period of time required by law that he 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?
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 a community in which the alien resides. It is a prerequisite of admission to citizenship that said good moral character be established. Nationality Act of 1940, § 307(a)(b) and 8 U.S.C.A. § 707(a)(b); In re Mogus, D.C., 73 F.Supp. 150.
During the period from 1929 to 1945, the petitioner engaged in various acts of misconduct which related to public indecency and the extension of efforts to press his attention on the feminine sex. In November or December of 1929, while attending a theatre, he became involved with a girl approximately twenty-nine years of age, which resulted in his arrest and the payment of a fine. In 1937, while attending a theatre, he exposed his person in the presence of two girls ten to twelve years of age, which resulted in his arrest and an imposition of a fine. On another occasion in the year 1937 he was arrested for showing unusual interest in a young girl five to six years of age. In May of 1940, while attending church, he exposed himself to a girl seventeen years of age, which resulted in his arrest and subsequent commitment to a state hospital for mental delinquents. He was confined to that institution for approximately fourteen months. In December of 1945, he was again arrested for suspicious activities in following two girls, which resulted in his arrest and imposition of a fine.
There appears to be no doubt that not only during the period of five years prior to the filing of a petition for naturalization but during the time prior and subsequent thereto he permitted himself to engage in activities which would classify him as a moron and exhibitionist. He was duly adjudicated by state authorities as a person who was a danger in the community due to his inability to be governed by normal moral standards.
Although the Naturalization Statute says nothing about the necessity for a petitioner to be of good moral character prior to the beginning of the five-year period, I do not believe it was intended that an applicant for citizenship should be permitted to draw an iron curtain across any part of his past. The petitioner's activities prior to the commencement of the five-year period indicate that his actions during the five-year period and subsequent thereto establish his inability to control the most unfortunate condition with which he is afflicted.
The provisions of the Nationality Act that no person shall be naturalized unless immediately preceding the date of the filing of the petition for naturalization he has been of good moral character does not prevent consideration of a petitioner's record further back than five years in determining whether the alien is entitled to naturalization. In re Lipsitz, D.C., 79 F.Supp. 954.
It is the duty of the petitioner to establish that he is of good moral character not only for the period of five years prior to the time that the petition for naturalization was filed, but during the whole of the period including the date of the final hearing. The requirement that an applicant for citizenship be of good moral character is a continuous and statutory requirement which survives the filing date of the petition and includes the date of the final hearing thereon. In re Petition of DeLeo, D.C., 75 F.Supp. 896.
What is of good moral character within the meaning of the statute is not easy of determination. The standard may vary from one generation to another. The settled restrictions which exist in society and the way average men of good will should act has not varied in any degree as to the manner in which an individual should conduct himself in obeying moral standards. A person seeking citizenship has good moral character if his conduct conforms to generally accepted moral conventions current at the time. Repouille v. United States, 2 Cir., 165 F.2d 152.
The actions of the petitioner were of such a character as to not measure up to the standards of the average citizen of the community in which the petitioner has been permitted to reside, and therefore he is not of good moral character and well disposed to the good order and happiness of the United States.
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