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TAK SHAN FONG V. UNITED STATES, 359 U. S. 102 (1959)

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U.S. Supreme Court

Tak Shan Fong v. United States, 359 U.S. 102 (1959)

Tak Shan Fong v. United States

No. 110

Argued February 24, 1959

Decided March 23, 1959

359 U.S. 102


Petitioner seeks naturalization under § 1 of the Act of June 30, 1953, which provides for the naturalization of alien who served at least 90 days in the Armed Forces between June 24, 1950, and July 1, 1955,

"(1) having been lawfully admitted to the United States for permanent residence, or (2) having been lawfully admitted to the United States, and having been physically present within the United States for a single period of at least one year at the time of entering the Armed Forces."

Having been lawfully in the United State for a short period in 1951 on a seaman's 29-day pass, petitioner entered unlawfully on January 27, 1952, and remained through his induction into the Army on May 4, 1953, in which he served until his honorable discharge on May 3, 1955.

Held: he was not entitled to naturalization, because the statute, properly construed, requires that the entry into the United States which leads to the alien's physical presence for the period preceding his induction into the Army be a lawful entry. Pp. 359 U. S. 102-107.

254 F.2d 4 affirmed.

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