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ASSI v. UNITED STATES

No. 74-1517 Summary Calendar.

498 F.2d 1064 (1974)

Rafael Elias ASSI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 19, 1974.

Attorney(s) appearing for the Case

Mario J. Martinez, Anthony C. Aguilar, El Paso, Tex., for petitioner-appellant.

William E. Weinert, Gen. Atty., I. N. S., Oscar Galvan, Atty., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., William S. Sessions, U. S. Atty., San Antonio, Tex., Rex Young, Gov. Regulation Section, Crim. Div., U. S. Dept. of Justice, Washington, D. C., for respondent-appellee.

Before COLEMAN, DYER and RONEY, Circuit Judges.

PER CURIAM:

We find no error in the denial of the petition for naturalization by the District Court on the ground that appellant Rafael Elias Assi is precluded from citizenship by reason of his request for and relief from military service as a neutral alien under 8 U.S.C.A. § 1426(a):

(a) Notwithstanding the provisions of section 405(b) of this Act, any alien who applies or has applied for exemption or discharge from training or service in the Armed...

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