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IN RE DE ANGELIS

April 11, 1956

Petition for Naturalization of Armando DE ANGELIS


The opinion of the court was delivered by: BRUCHHAUSEN

The questions for determination, arising out of the petition for naturalization herein, are as follows:

1. Whether the petitioner is a person of good moral character as defined by the statute, 8 U.S.C.A. § 1101.

 2. Whether the petitioner was lawfully admitted to the United States for permanent residence, as required by 8 U.S.C.A. §§ 1427(a) and 1429.

 The essential facts are not in dispute. It appears that the petitioner, Armando De Angelis, is fifty-two years of age; that he is a native and national of Italy; that he entered this country on October 27, 1923; that he filed a petition for naturalization on December 23, 1955; that twenty years prior thereto, i.e. on December 14, 1934, he was convicted of the crime of murder in the second degree in the Court of Oyer and Terminer in the County of Hudson, State of New Jersey; that on December 17, 1934, he was sentenced to State Prison by that Court for a maximum term of thirty years and a minimum term of twenty-nine years; that in December 1944 he was released on parole and that on February 17, 1954, he was granted a full and unconditional pardon by the Governor of the said State.

 The petitioner's contention that an executive pardon is tantamount to a setting aside of the verdict or of a finding of not guilty is not supported by the authorities. On the contrary, they hold that a pardon is an act of grace, exempting the individual on whom it is bestowed from the punishment the law has inflicted for a crime he has committed. United States v. Wilson, 7 Pet. 150, 8 L. Ed. 640; Groseclose v. Plummer, 9 Cir., 106 F.2d 311; United States ex rel. Forino v. Garfinkel, 3 Cir., 166 F.2d 887; Roberts v. State, 160 N.Y. 217, 220, 54 N.E. 678; People ex rel. Prisament v. Brophy, 287 N.Y. 132, 38 N.E.2d 468, 139 A.L.R. 667; People v. McIntyre, 99 Misc. 17, 163 N.Y.S. 528. The Congress apparently was conscious of the effect of a pardon for it specifically provided that a pardon shall remove the criminal grounds for deportation. 8 U.S.C.A. 1251(b).

 The principal question involved herein is whether the petitioner is a person of good moral character, as prescribed by the statute, 8 U.S.C.A. § 1101. This section is the first one, under Chapter 12 of the Act, containing the provisions relating to Immigration and Nationality. The said section is devoted to definitions of the various terms and expressions, referred to in the various sections, comprising Chapter 12. Subdivision (f) of the said section sets forth that individuals convicted of the crimes mentioned therein, as a matter of law, for the purposes of nationality, shall not be regarded as persons of good moral character. The text of the statute, in so far as it is applicable, is as follows:

 '(f) For the purposes of this chapter --

 'No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is, or was --

 '(1) a habitual drunkard;

 '(2) one who during such period has committed adultery;

 '(3) a member of one or more of the classes of persons, whether excludable or not, described in paragraphs (11), (12), and (31) of section 1182(a) of this title; or paragraphs (9), (10), and (23) of section 1182(a) of this title, if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period;

 '(4) one whose income is derived principally from illegal gambling activities;

 '(5) one who has been convicted of two or more gambling offenses committed during such period;

 '(6) one who has given false testimony for the purpose of obtaining any benefits ...


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