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ASTRUP V. INS, 402 U. S. 509 (1971)

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U.S. Supreme Court

Astrup v. INS, 402 U.S. 509 (1971)

Astrup v. Immigration and Naturalization Service

No. 840

Argued April 20, 1971

Decided May 24, 1971

402 U.S. 509


Petitioner, an alien, agreed to give up his right to become an American citizen in exchange for exemption from military service, pursuant to § 4(a) of the Selective Service Act of 1948. After that section was repealed, petitioner was subjected to the draft, but was found to be physically unfit. His subsequent petition for naturalization was denied on the ground that he was debarred from citizenship. Section 315 of the Immigration and Nationality Act of 1952 provides that any alien who has applied for exemption from military service on the ground of alienage "and is or was relieved . . . from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States."

Held: Under § 315, an alien who requests exemption from military service is to be held to his agreement to relinquish all claims to naturalization only when the Government completely and permanently exempts him from service in the armed forces. Pp. 402 U. S. 511-514.

432 F.2d 438, reversed and remanded.

BLACK, J., delivered the opinion for a unanimous Court.

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