Astrup v. INS
Annotate this Case
402 U.S. 509 (1971)
U.S. Supreme Court
Astrup v. INS, 402 U.S. 509 (1971)
Astrup v. Immigration and Naturalization Service
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 After that section was repealed, petitioner was subjected to the draft, but was found to be physically unfit.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.
Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.