IB OTTO ASTRUP, PETITIONER AND APPELLANT,
v.
IMMIGRATION & NATURALIZATION SERVICE, APPELLEE
IB OTTO ASTRUP, PETITIONER AND APPELLANT,
IMMIGRATION & NATURALIZATION SERVICE, APPELLEE
432 F.2d 438
United States Court of Appeals for the Ninth Circuit (1970)
Opinion of the Court
PER CURIAM:
The decision and order of the district court denying citizenship to Astrup is affirmed. We believe that he is concluded by Lapenieks v. Immigration and Naturalization Service, 9 Cir., 389 F. 2d 343, cert. den. 391 U.S. 951, 88 S.Ct. 1846, 20 L.Ed.2d 864.
He made a considered decision initially to claim his alienage as a ground for avoiding military service. We believe the situation should be tested as of the time his claim was made.
District Judge PLUMMER dissents for the reasons stated by Judge Duniway in his dissent in Lapenieks.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lapenieks v. Immigr. & Naturalization Serv., 391 U.S. 951 (U.S. 1968)
- Meek v. United States, 391 U.S. 951 (U.S. 1968)
- Vilis Martins Lapenieks v. Immigr. & Naturalization Serv., 389 F.2d 343 (9th Cir. 1968)