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UNITED STATES v. GALATO

February 25, 1959

UNITED STATES of America
v.
Joseph (Guiseppe) GALATO



The opinion of the court was delivered by: MURPHY

The United States Attorney, based upon an affidavit *fn1" showing good cause therefor, filed a complaint and accompanying affidavit in this district, wherein Joseph (Guiseppe) Galato, a naturalized citizen, resides, for the purpose of revoking and setting aside the order admitting said person to citizenship and cancelling the certificate of naturalization issued to him on the ground that such order and certificate of naturalization were procured by concealment of a material fact and by wilful *fn2" misrepresentation. *fn3" Jurisdiction arises § 340(a) of the Immigration and Nationality Act of 1952 as amended, 8 U.S.C.A.Supp. § 1451(a) (1953 Ed.) and see § 340(i) Id., 8 U.S.C.A. § 1451(i).

February 19, 1934, defendant, a native of Italy, using the name Guiseppe Galato, filed an 'Application For A Certificate Of Arrival and Preliminary Form For Petition For Citizenship', stating his desire to file a petition for citizenship in the Common Pleas Court at Wilkes-Barre, Pennsylvania, in accordance with the naturalization law, and submitted a detailed statement of facts relative to his arrival in 1912, nativity 1894, parentage, transportation, place of residence, absence from the United States, employment, etc.

 In reply to question No. 31, 'Have you ever been arrested or charged with violation of any law of the United States or State or any city ordinance or traffic regulation?', defendant answered 'no'. At the end thereof defendant stated 'I certify that all the statements made by me in this application and form are true to the best of my knowledge and belief', and subscribed his name thereto.

 February 20, 1934, at a preliminary examination under oath by a duly authorized naturalization examiner for the purpose of ascertaining his qualifications for naturalization, defendant, upon being questioned as to the truth and accuracy of all averments made by him in his Application and Preliminary Form filed the previous date, stated he had never been arrested.

 That same date defendant filed a Petition for Citizenship and immediately thereafter stated under oath to a duly authorized and designated naturalization examiner, that all statements made by him during the course of his naturalization proceeding were true and correct.

 Defendant, as an alien, was drafted into the United States Army May 17, 1918; honorably discharged December 23, 1918. He served overseas in England from August 9, 1918 to December 10, 1918. He was married to a native born citizen June 31, 1931.

 Defendant now admits having been arrested in Pennsylvania:

 (1) On March 21, 1922, for highway robbery; and that he was convicted and sentenced on October 27, 1922, for statutory robbery and burglary, to confinement for not more than four nor less than two years, and to pay a fine of $ 25 and costs.

 (2) On February 5, 1929, for investigation and suspicion of highway robbery; charge dismissed for lack of evidence.

 (3) On February 8, 1929, possession of a still in violation of the laws of the Commonwealth of Pennsylvania, and that he was convicted and sentenced on April 1, 1929, for possession and manufacturing of untaxed liquor, to confinement for two years and to pay a fine of $ 100 and costs.

 (4) On March 19, 1934, for frequenting a gambling establishment; convicted and fined $ 10 and costs.

 Defendant did not either before or at the final hearing give any information as to prior arrests or that of March 19, 1934.

 May 23, 1934, at a final hearing, before the United States District Court for this District, the naturalization examiner, relying upon the truth and accuracy of defendant's oral and written statements, stated defendant was qualified for naturalization and recommended that his petition be granted. Relying upon the information furnished and the examiner's recommendation, the court ...


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