The opinion of the court was delivered by: BYERS
This cause was instituted on June 29, 1938, by the United States Attorney for this District, to procure the cancellation of certificate of naturalization No. 3,457,444, bearing date June 23, 1931, issued to the above-named respondent in this court, as evidence that he had on the date been admitted to citizenship.
It is alleged in the complaint that the respondent, whose true name is Jose Company Perez, filed his declaration of intention to become a citizen under the name of Nicolas Company Perez, which was not his name, and that he took the oath of allegiance and procured the said certificate of naturalization under the said false name and style.
That the true name of the respondent is Jose Company Perez and that the name Nicolas Company Perez was and is the name of his brother, and that therefore the certificate of naturalization was fraudulently and illegally procured.
When the cause was called for trial, a stipulation was filed, dated October 24, 1939, signed by the United States Attorney and by the respondent under the name of Jose Company Perez and his attorney, by the terms of which it appears that the circumstances above recited are admitted to be true.
Accordingly the following may be taken as the
1. The true name of the respondent is Jose Company Perez, who was a native and former resident of Spain.
2. He obtained a passport to land in the United States under the name of Nicolas Company Perez, and entered at the Port of New York on April 1, 1920, as a passenger on the vessel Montserrat under that name.
3. He made and filed a declaration of intention to become a citizen of the United States under date of March 23, 1927, in this court, as Nicolas Company Perez, and on March 18, 1931, he filed his petition for citizenship, bearing the number 153,965, in this court under the same name.
4. The respondent was admitted to citizenship on June 23, 1931, in this court, as Nicolas Company Perez, and a certificate of naturalization bearing the number 3,457,444 was issued to him on that date.
5. The name Nicolas Company Perez was not the name of the respondent but, in fact, was that of his brother, who is younger than he is, by four and one-half years, and the latter has never been in the United States.
6. The age as stated by this respondent in his application for the said passport and in his declaration of intention, and in his petition for citizenship, was that of his brother and not of himself.
7. On October 21, 1931, a United States passport bearing number 447,257 was issued to the respondent as Nicolas Company Perez, to enable him to leave the United States, and on April 19, 1934, the respondent returned to the ...