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LAPENIEKS v. IMMIGRATION AND NATURALIZATION SERVICE

No. 21199.

389 F.2d 343 (1968)

Vilis Martins LAPENIEKS, Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Department of Justice, etc., Appellee.

United States Court of Appeals Ninth Circuit.

January 11, 1968.

Attorney(s) appearing for the Case

Edgar F. Gross (argued), of Gross & Eisenstein and Richard B. Cutler, Los Angeles, Cal., for appellant.

James R. Dooley, Asst. U. S. Atty., (argued), William H. Karp, General Atty., William M. Bryne, Jr., U. S. Atty., Los Angeles, Cal., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief of Civil Division, Los Angeles, Cal., Joseph Sureck, Regional Counsel, San Pedro, Cal., for appellee.

Before CHAMBERS and DUNIWAY, Circuit Judges, and BEEKS, District Judge.

BEEKS, District Judge.

This appeal is from an order of the District Court denying a petition for naturalization filed pursuant to 8 U.S.C. § 1427. The trial court denied the petition on the ground that in 1952 the appellant had availed himself of an exemption from military service, as a Latvian national residing in the United States, where one of the conditions of claiming said exemption was permanent ineligibility for citizenship. In 1956, a change in Selective...

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