Affiliations

• In Re Pezzi

  Cites Commissioner of Immigration of Port of NY v. Gottlieb — 285 Fed. 295, reversed.

• Petition of Oganesoff

  Cites In Re the Accounting of James — Matter of James, 172 App. Div. 800, reversed.

• In Re Pezzi

  District Court, S.D. California · 1928-12-31 · cited 4×

  The case involved a petition for naturalization filed by a woman born in California who lost her U.S. citizenship upon marrying an Italian citizen in 1920 and residing with him in Italy. She entered the United States in 1925 as a nonimmigrant temporary visitor under the 1924 Quota Law, later had her status adjusted by the Department of Labor to that of the wife of a treaty merchant, and sought naturalization under the 1922 Cable Act, which required only one year of residence instead of five. The court denied the petition after a hearing. The core reasoning was that naturalization statutes require lawful entry as an immigrant with intent to reside permanently in the United States, but the petitioner's entry and continued presence were as a nonimmigrant alien under treaty provisions for temporary trade purposes, which is inconsistent with permanent residency regardless of any personal declarations of intent.

  immigration

  Read the full opinion inline ▾ (2,313 words)

• Petition of Oganesoff

  District Court, S.D. California · 1927-06-23 · cited 10×

  The case involved an alien from Russian Armenia petitioning for naturalization in 1926 after a prior denial, with the court assessing compliance with statutory requirements for continuous U.S. residency of five years and good moral character. Evidence included multiple border crossings to Mexico to visit his wife, use of a foreign passport, and an attempt to offer money to the judge's secretary to influence the outcome, alongside indications that naturalization was sought to facilitate family immigration. The court held that the petitioner failed to establish continuous residency under naturalization law and did not demonstrate the required moral character, given the conduct aimed at circumventing immigration restrictions. The petition was therefore dismissed with prejudice for five years.

  immigration

  Read the full opinion inline ▾ (1,914 words)

• In Re Page

  District Court, S.D. California · 1926-03-31 · cited 6×

  The case involved Florence Bertha Page, a U.S.-born woman who married a Canadian citizen in 1906 and later petitioned for naturalization in 1926 while still married and residing in the United States. The court had to determine whether she had lost her citizenship by marrying an alien prior to the Act of March 2, 1907. The court decided that Page was an alien whose petition was properly before the court. The reasoning was that under common law a wife takes the nationality of her husband, the 1907 Act codified this rule as declaratory of existing law, and it applied to pre-1907 marriages where the woman remained married to the alien.

  immigration

  Read the full opinion inline ▾ (773 words)

• United States v. Nix

  District Court, S.D. California · 1925-11-04 · cited 9×

  This case involved a defendant convicted of operating a mail fraud scheme under section 215 of the Criminal Code, with a two-year prison sentence imposed after trial and upheld on appeal. Following passage of the 1925 Probation Act, the defendant sought probation, but the court denied the application without prejudice to renewal after one year of imprisonment. The court reasoned that the Probation Law was intended primarily for juvenile or first-time offenders in minor cases, not for mature, experienced defendants convicted of deliberate offenses, and that the sentence here aligned with the interests of justice without closing off future reconsideration under the statute.

  criminal lawprocedure

  Read the full opinion inline ▾ (2,450 words)