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OLEGARIO v. UNITED STATES

No. 717, Docket 79-6179.

629 F.2d 204 (1980)

Petition for Naturalization of Antonio OLEGARIO, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 16, 1980.

Attorney(s) appearing for the Case

Daniel M. Gillen, New York City (Glassman & Elias, Steven Elias and Edward Bernstein, New York City, of counsel), for petitioner-appellee.

Robert S. Groban, Jr., Sp. Asst. U. S. Atty., New York City (John S. Martin, Jr., U. S. Atty. for the Southern District of New York, Michael H. Dolinger, Asst. U. S. Atty., New York City, of counsel), for respondent-appellant.

Association of Immigration and Nationality Lawyers (Jack Wasserman, Washington, D. C., and Donald L. Ungar, San Francisco, Calif., of counsel), amicus curiae.

Before OAKES, Van GRAAFEILAND, Circuit Judges, and TENNEY, District Judge.

TENNEY, District Judge:

The historical and political events giving rise to this appeal began almost four decades ago at the beginning of the United States' involvement in World War II. In response to the deteriorating situation in the Pacific, President Roosevelt issued an order on July 26, 1941 calling all organized military units of the Commonwealth of the Philippines into the armed forces of the United States. On March 27, 1942, Congress amended the Nationality...

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