The opinion of the court was delivered by: BRUCHHAUSEN
The plaintiff has brought this action to vacate and set aside the certificate of naturalization issued to the defendant, Dominico Orrino, also known as Domenico Orrino, upon the grounds that it was fraudulently and illegally procured. The defendant, an emigrant from Italy, was admitted to citizenship on March 27, 1930.
In his application for citizenship he stated under oath that he was not married, had no children, had continuously resided in the United States since 1913, and had never been absent from the country. In fact, however, he was married, had two children, and completely concealed his five-year absence from the United States, when asked if he had been absent. After such absence he re-entered the United States as the son of a United States citizen named Gennaro Orrino who emigrated from Naples in 1894, and who was naturalized on October 29, 1904. The fact is that the defendant is the son of Antonio Orrino, who was never naturalized.
This is not a case of an isolated error or of inconsequential matters, arising from ignorance. Rather, it is a situation wherein every element entering into the procurement of citizenship is tainted by some degree of fraud and misrepresentation. It is further complicated by the fact that after the deeds were accomplished, the defendant, for all that appears, lived the life of an industrious, law-abiding, loyal and honest American. However, it is the manner and nature of the acquisition of citizenship which must be carefully reviewed. The testimony of the defendant in an examination on May 16, 1946, is as follows:
'Q. Mr. Orrino, how do you account for the fact that your naturalization certificate contains the statement that you were single on March 27, 1930, and you have just stated to me that you were married in February 1922? (Page 4.) A. Well, because I came here, she (meaning the defendant's wife) don't want to come. She wants to stay with my own mother so I did come over here and I take the citizenship papers and I said I was single.'
That testimony discloses that the defendant knowingly made a false statement.
The defendant further testified at said examination:
'Q. I show you Form A-2214, Application for a Certificate of Arrival and Preliminary Form for Petition for Citizenship, dated October 21, 1929, and ask you if that is your signature appearing thereon? (Page 8.) A. (Examining) Yes, sir.
'Q. Was this form completely filled out by you? A. That's right.'
This testimony is important on the question of defendant's comprehension at the time as it is related to the ensuing testimony on page 8, viz.:
'Q. Do you recall appearing before a Naturalization Examiner in 1930 just prior to your naturalization? A. Of course.'
It is apparent that the defendant knew he was then under oath, as the following appears on page 8 of the examination:
'Q. He asked you to raise your right hand and swear to tell the truth? A. Yes, sir.'
The defendant further testified with respect to his statements:
'Q. Did you tell him at that time you were married? A. No, sir. I said I was single because I got the first paper and I declared I was ...