Appeal, No. 166, Jan. T., 1962, from order of Court of Common Pleas of Delaware County, Petition No. 10303, in re petition for naturalization of Patrick Joachim Browne. Order affirmed.
Mabel G. Turner, Assistant United States Attorney, with her Drew J. T. O'Keefe, United States Attorney, for appellant.
Stephen J. McEwen, Jr., with him McEwen & McEwen, for appellee.
Before Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
OPINION BY MR. JUSTICE MUSMANNO
On February 25, 1953, Patrick Joachim Browne, a native, of Kanturk, County of Cork, Ireland, arrived in the United States, classified for permanent residence. On April 11, 1958, he filed a naturalization petition to become a citizen. The naturalization examiner recommended denial of the petition and on December 31, 1959, the Court of Common Pleas of Delaware County, entered a decree formally barring citizenship to the petitioner.
On July 27, 1960, Browne filed a new declaration of intention and on the same day enlisted in the Pennsylvania National Guard. He was ordered to active duty for training in a Federal status and served six months at Ft. Knox. Upon his return home he became a reservist and periodically participated in the official military training program.
On May 31, 1961, Judge SWENEY of the Delaware County court, held a hearing on Browne's petition to have the decree of December 31, 1959, set aside. On August 11, 1961, the court found that Browne was eligible for citizenship, and he took the oath on September 7, 1961. The Government has appealed.
The Government contends that Browne can never be a United States citizen because, it states, he voluntarily renounced that right when on June 11, 1953, he requested exemption from training or service in the American military forces. Section 315 of the Immigration and Nationality Act of June 27, 1952, 66 Stat. 242 (8 U.S.C.A. § 1426) provides, inter alia, that "any alien who applies or has applied for exemption ... from training or service in the Armed Forces ... of the United States on the ground that he is an alien, and is or was relieved ... from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States."
It is obvious that for a permanent resident in this country to be declared permanently ineligible for United States citizenship is a grave matter indeed. It is like telling someone who lives in the country that he may not fill his lungs to the utmost with fresh air. It must be a knell of doom constantly sounding in the ears of a permanent American resident that he may not breathe fully the air of liberty and opportunity which everybody else may enjoy. Thus, ...