United States v. Ness,
245 U.S. 319 (1917)

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U.S. Supreme Court

United States v. Ness, 245 U.S. 319 (1917)

United States v. Ness

No. 284

Argued November 5, 1917

Decided December 10, 1917

245 U.S. 319


The filing of a certificate of arrival, as provided in § 4, subdivision 2, of the Naturalization Act, is an essential prerequisite to a valid order of naturalization.

The court of naturalization having assumed to dispense with this requirement upon proof of reasons why the certificate of arrival could not be obtained, held that the certificate of naturalization was subject to be set aside, in a suit by the United States under § 15 of the act, as a certificate "illegally procured."

Sections 11 and 15 of the Naturalization Act afford cumulative protection against fraudulent or illegal naturalization. In a suit under the latter to set aside a certificate granted in disregard of an essential requirement of the statute, the United States is not estopped by the order of naturalization, although, pursuant to the former section, it entered its appearance in the naturalization proceedings and there unsuccessfully raised the same objection.

230 F. 950 reversed.

The case is stated in the opinion.

Page 245 U. S. 320

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