The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This suit is instituted under Section 15 of the Naturalization Act of June 29th, 1906 as amended, 8 U.S.C. § 405, 8 U.S.C.A. § 405, to cancel the naturalization certificate of the respondent, Isac Goldstein, upon the ground that the said certificate was illegally and fraudulently procured, in violation of the said Act, 8 U.S.C., §§ 379, 382 and 405, 8 U.S.C.A. §§ 379, 382, 405, and also in violation of Section 1(c) of the Act of May 22nd, 1918, 40 Stat. 559, 22 U.S.C., § 223(c) and Act March 2, 1921, 41 Stat. 1217, § 227, 22 U.S.C.A. §§ 223(c), 227, in that (1) respondent never established a lawful residence in the United States, in that he entered this country illegally and pursuant to a fraudulently procured passport, and (2) respondent wilfully and fraudulently made false statements in his declaration of intention and in his petition for citizenship as to his name; (3) he had not behaved as a person of good moral character during the five year period next preceding the filing of the said petition for citizenship.
The facts are as follows: On March 7th, 1899, the respondent was born in Huden, Hungary. On or about October 2nd, 1923, respondent arrived in the United States on the vessel "Constantinople" under the name of Israel Grun upon a passport issued to him in the name of Israel Grun.
On or about December 28th, 1928, the above named respondent made a declaration of intention in the United States District Court, for the Southern District of New York, in the name of Israel Grun, stating that he was 27 years of age.
On January 22nd, 1931, the respondent filed a petition for citizenship in the United States District Court, for the Southern District of New York, in the name of Isac Goldstein, and was admitted to citizenship on July 9th, 1931. A certificate of citizenship was issued to him.
On January 22nd, 1931, an examination was conducted by former United States Naturalization Examiner, Shelby Ogden, in connection with the filing of the said petition, and the said Isac Goldstein stated that his true name was Isac Goldstein, and that he had used the name of Israel Grun at the time of his arrival in this country, because it was the maiden name of his mother.
On May 11th, 1936, an examination was conducted by Immigrant Inspector, Marcus Rebach, in the presence of Susanna Kramer, stenotypist, and respondent therein stated that his real name was Isac Goldstein, and not Israel Grun, and that he had used the name of Israel Grun for the purposes of evading military service in Roumania. On the said examination respondent also admitted that Israel Grun was his cousin, two years his junior, and that he, respondent, had obtained his passport to the United States, by making false declarations as to his name and age, and also that the statement in the declaration of intention, as to his name, was untrue.
We will now proceed to consider the law as applied to the facts as found.
Title 8, U.S.Code, Section 382, 8 U.S.C.A. § 382, provides, in part as follows:
"No alien shall be admitted to citizenship unless (1) immediately preceding the date of his petition the alien has resided continuously within the United States for at least five years * * *."
The term "residence", as used in this Act, is "legal residence", and anyone who enters this country illegally cannot thereby acquire a legal residence as a basis for application for citizenship. In re Scriver, D.C., 9 F.Supp. 478; Zartarian v. Billings, 204 U.S. 170, 27 S. Ct. 182, 51 L. Ed. 428; Kaplan v. Tod, 267 U.S. 228, 45 S. Ct. 257, 69 L. Ed. 585; In re Jensen, D.C., 11 F.2d 414, 415; Petition of Connal, D.C., 8 F.2d 374, 375.
The use of a fraudulently procured passport to gain admission to this country is unlawful. Section 1(c) of the Act of May 22nd, 1918, 22 U.S.C., § 223(c), 22 U.S.C.A. § 223(c), as amended by Section 1 of the Act of March 2nd, 1921, 22 U.S.C., § 227, 22 U.S.C.A. § 227, in part, provides:
"Section [§ ] 223 * * * it shall * * * be unlawful -- * * * (c) For any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another."
False or fraudulent statements, or testimony, made or given by an applicant in his petition for naturalization, or at any stage of the naturalization proceedings, constitutes sufficient grounds for the cancellation of his naturalization certificate. Title 8, U.S.Code, §§ 379 and 405, 8 U.S.C.A. §§ 379, 405; United States v. Albertini, D.C., 206 F. 133; United States v. Marcus, D.C., 1 ...