The opinion of the court was delivered by: DUSEN
This case is before the court on petitioner's application for naturalization, which is resisted by the Immigration and Naturalization Service on the ground that he had failed to establish that he was a person of 'good moral character' during the five years preceding the filing of his petition within the meaning of § 316(a) of the Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1427(a)). At the hearing on the petition, petitioner and his present wife testified on his behalf in open court.
The respondent offered in evidence Findings of Fact, Conclusions of Law and Recommendation of the Designated Naturalization Examiner, together with certain correspondence, transcripts of hearings, and reports, all of which were marked P-1. Counsel for the respondent also summarized certain admissions made by the petitioner during the hearings, without contradiction by petitioner or his counsel.
A. Petitioner is an alien, being a 38-year old native and national of Poland.
B. He married Lutka Spak (also known as Libby Spak) in Germany in 1946 and they had two children. One daughter, Chana (also known as Hana and Anna) Spak, was born in Frankfurt Am/M, Germany, on January 29, 1949, and is mentally deficient. The other daughter was born in Louisiana in November 1951.
C. Petitioner, his first wife Lutka, and his daughter Chana were lawfully admitted to the United States of America at New Orleans, Louisiana, for permanent residence on February 26, 1950.
His petition for naturalization was filed in this court on July 20, 1955.
D. On October 26, 1951, while living in Louisiana, petitioner and his first wife signed a maintenance and clothing agreement stating that 'in consideration of Chana Spak being admitted to the State Colony and Training School' (Pineville), they 'hereby promise to pay the said institution, monthly, the sum of $ 10 for support and maintenance of said inmate * * * (and) pledge themselves to provide all clothing necessary for the health and welfare of said inmate, or to pay for the same if provided by said school' (see Exhibit E attached to P-1).
E. About February 1952, Chana Spak was placed in the custody of Jewish Family Service, Shreveport, La.,
and petitioner had neither seen his daughter nor made any effort to contribute to her support between that time and December 1956. The Jewish Family Service apparently placed the child in the custody of the State Colony and Training School about March 1, 1952.
F. Petitioner never paid any amount to any agency for the State of Louisiana for either maintenance or clothing of his daughter until after continued preliminary examination of petitioner (at which he was represented by an attorney, was duly sworn, and was advised of his rights) on June 15, 1956, conducted by an examiner of the Immigration and Naturalization Service at Philadelphia, at which he was advised that he might have a legal responsibility for support of the child (see page R-9 of Notes of Testimony of 12/4/56, examination attached to P-1). Petitioner admitted that he knew he was primarily responsible for Chana's support, but thought that the Jewish Family Service had agreed to pay for such support if he could not afford to do so. In fact, the Jewish Family Service had not made such an agreement.
G. Petitioner and his wife separated in 1952 and were subsequently divorced, about which time a court order was entered requiring petitioner to pay $ 40 a month for the support of his second child.
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