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IN RE LABADY

Court No. 2270, Petition No. 790587.

326 F.Supp. 924 (1971)

In re Petition for Naturalization of Manuel LABADY.

United States District Court, S. D. New York.

March 23, 1971.

Attorney(s) appearing for the Case

Charles Spar, New York City, for petitioner.

Anargyros Camarinos, Gen. Atty. (Nationality), Immigration & Naturalization Service, New York City, for Government.

MANSFIELD, District Judge.

Petitioner, a 24-year old native and citizen of Cuba, was lawfully admitted into the United States as a permanent resident on December 3, 1960. On May 6, 1969, he filed his Petition for Naturalization pursuant to 8 U.S.C. § 1427. The Immigration and Naturalization Service ("the Service") opposes his petition on the ground that since he has been a homosexual he has not sustained his burden of establishing that within the five years immediately...

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