8 U.S.C. § 1426

Citizenship denied alien relieved of service in Armed Forces because of alienage

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(a) Permanent ineligibility

Notwithstanding the provisions of section 405(b) 11 See References in Text note below. but subject to subsection (c), any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States.

(b) Conclusiveness of records

The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.

An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.

(June 27, 1952, ch. 477, title III, ch. 2, § 315, 66 Stat. 242; Pub. L. 100–525, § 9(v), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101–649, title IV, § 404, Nov. 29, 1990, 104 Stat. 5039.)Editorial NotesReferences in Text

Section 405(b), referred to in subsec. (a), is section 405(b) of act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as a Savings Clause note under section 1101 of this title.

Amendments

1990—Subsec. (a). Pub. L. 101–649, § 404(1), inserted “but subject to subsection (c)” after “section 405(b)”.

Subsec. (c). Pub. L. 101–649, § 404(2), added subsec. (c).

1988—Subsec. (b). Pub. L. 100–525 substituted “Department of Defense” for “National Military Establishment”.

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

Amendment by Pub. L. 101–649 applicable to exemptions from training or service obtained before, on, or after Nov. 29, 1990, see section 408(e) of Pub. L. 101–649, set out as a note under section 1421 of this title.

Notes of Decisions

Cited in 103 cases, 1953–2010 · leading case: Demore v. Kim

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Demore v. Kim (2003) scotus · cites it 2× “This discussion, which the Court calls a "detour," ante, at 523, is necessary only because of the Court's insistence in stating that Kim conceded that he is "deportable." Ante, at 513, 522, 531.”

Giovanni Dicicco v. U.S. Department of Justice Immigration & Naturalization Service (1989) ca6 · cites it 7× “The district court concluded, as the designated naturalization examiner did before him, that Dicicco is permanently barred from naturalization under section 315 of the Immigration and Nationality Act, 8 U.S.C. § 1426 , because of his discharge from military service on the basis…”

In Re Petition for Naturalization of Antonio Torres. Antonio Torres v. Immigration & Naturalization Service (1979) ca7 · cites it 6× “The provisions of 8 U.S.C. § 1426 1 *192 were set forth in the document.”

Ramon Cernuda v. Donald Neufeld (2009) ca11 · cites it 2× “In a separate order, the court granted Defendants’ motion for summary judgment finding that under the Immigration and Nationality Act § 315(a), codified at 8 U.S.C. § 1426 (a), providing that “any alien .”

Petition for Naturalization of Healy (1960) cand · cites it 6× “The question here presented is whether the petitioner, having applied for an exemption from military service as an alien treaty national, executed an application for exemption under circumstances which would make the petitioner ineligible for United States citizenship under…”

United States v. Otto Klaus Gunther Hoellger (1960) ca2 · cites it 2× “This case presents an important question arising under Section 315(a) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1426 (a). The district court, in an unreported decision, granted the petition for naturalization of appellee, Otto Hoellger, and the Government has…”

Paulo E. Gallarde v. Immigration and Naturalization Service (2007) ca9 · cites it 4× “162 , 242 (1952) (codified at 8 U.S.C. § 1426 ). Gallarde then filed this action to review the denial of his Application for Naturalization.”

Astrup v. Immigration & Naturalization Service (1971) scotus · cites it 2× “242 , 8 U. S. C. § 1426 , was inapplicable because of the effective date of the 1952 Act and because § 315 was expressly inapplicable to deportation proceedings under the 1917 Act.”

Diego Ricardo Itzcovitz, a Permanent Resident Alien Residing in New York, New York v. Selective Service Local Board Numb (1971) ca2 · cites it 2× “6 Both appellant and INS moved for summary judgment below, INS claiming, among other things, that as an alien ineligible for citizenship under § 315(a) of the Act, 8 U.S.C. § 1426 (a), Itzcovitz may be an excludable alien under § 212(a) of the Act, 8 U.”

Joseph Rashid Jubran v. United States (1958) ca5 · cites it 2× “See 8 U.S.C.A. § 1426 ; Ceballos v. Shaugh-nessy, supra; Savoretti v.”

Shomberg v. United States (1955) scotus “242 , 8 U. S. C. § 1426 (a). Section 331 (d) provides for the ending of enemy alien status and states: “Notwithstanding the provisions of section 405 (b), this subsection shall also apply to the case of any such alien whose petition for naturalization was filed prior to the…”

Ceballos v. Shaughnessy (1957) scotus “242 , 8 U. S. C. § 1426 . 16 The 1952 law became effective in December 1952.”

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— 8 U.S.C. § 1426(a) — 3 cases

In re the Petition for Naturalization of Bouchage (1959) nysd

In re Planas (1957) njd

Petition for Naturalization of Regan (1959) nysd

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.