The opinion of the court was delivered by: BYERS
The complainant seeks the cancellation of certificate of naturalization No. 2694065, and that the order of the United States District Court for the Southern District of New York, entered November 9, 1927, admitting the respondent to citizenship, be vacated, cancelled and set aside, etc.
The grounds on which this relief is sought are:
First: That the respondent did not live within the judicial district of the court in which his naturalization was granted; namely, that at the time he filed the declaration of intention in the United States District Court for the Southern District of New York, he was not a resident within that district, and that the naturalization proceedings which were conducted in the Supreme Court of the State of New York, in the County of Bronx, were without lawful basis because the actual residence of the respondent was in Brooklyn, within the jurisdiction of this court.
Second: That the respondent abandoned his status as a permanent resident of the United States following his admission to this country on August 20, 1919, and that his subsequent presence here was that of a visitor until he had been readmitted for permanent residence.
If the latter charge is true, it would follow that the naturalization of the respondent was illegally procured, because at the time he was not residing in the United States pursuant to admission for permanent residence, and therefore had not resided continuously within this country for five years immediately preceding the date of his petition.
(a) On or about March 12, 1924, the respondent executed and filed a declaration of intention in the United States District Court for the Southern District of New York, in which he stated the following:
Birth in Aleppo, Syria, on June 15, 1892; residence at 42 Rivington St., New York City; emigrated to the United States from the Argentine, which was the last place of his foreign residence; and that he proposed to renounce allegiance and fidelity to the Argentine Republic, of which he was a naturalized citizen, and that he arrived in New York on the 20th of August, 1919.
(b) On or about June 4, 1927, he executed, verified and filed in the Supreme Court, County of Bronx, a petition for naturalization, in which he stated his residence to be 783 Prospect Ave., New York City (presumably in the Borough of the Bronx); the date and place of birth and his emigration to the United States as stated in the declaration of intention, which was properly described in the said petition.
He stated that it was his intention to renounce all allegiance and fidelity, etc., to the "Pres. Sovereignty of Syria & Rep. of Turkey, of whom at this time I am a subject * * *."
That he had resided continuously in the United States of America for the term of five years immediately preceding the date of the said petition; namely, since August 19, 1919.
The petition of course was accompanied by the affidavits of witnesses.
With the said petition he filed his declaration of intention above referred to, which bore the number 126700.
(c) The respondent was engaged in business as a merchant and had a place of business in the City of New York and also in Havana, Cuba, and in the latter city he resided for a part of each year between 1920 ...