| Schwab et al. v. Coleman, 145 F 2d 672
Judge William C. Coleman, U.S. District Court of Maryland, refused to consider applications for naturalization from five residents, all refuges from Nazi Germany. At citizenship hearing held 13-14 June
1944, Judge Coleman would not pass on the naturalization petitions, and the petitioners sued for a writ on mandamus ordering him to do so. Court ruled on 10 November 1944, ordering Judge Coleman to
issue a ruling.
Schwab residence, 3808 Glen Ave., Baltimore, MD District 5, Ward 27, placed on 1935 base map of Baltimore City
No federal court records at MSA.
Petition of Simon Schwab from the Federal Records
PROCEDURAL
POSTURE:
Petitioner aliens applied for a writ of mandamus to require
respondent, a district court judge from the United States District
Court for the District of Maryland, to pass upon petitioners'
requests for naturalization.
OVERVIEW: Petitioner
aliens, German natives, sought United States citizenship. During
preliminary hearings, held pursuant to § 333 of the Nationality
Act of 1940, 8 U.S.C.S. § 733, evidence established that
petitioners complied with all requirements for admission to
citizenship. Petitioner United States Commissioner of Immigration and
Naturalization recommended petitioners' naturalization. Respondent, a
district court judge, refused to pass upon petitioners' requests for
naturalization and continued the hearings based on respondent's
policy of refusing, during World War II, to grant citizenship to
German enemy aliens that left Germany after the inception of the Nazi
regime. The court held that petitioners had a statutory right to have
their petitions passed upon so that petitioners could appeal from an
adverse ruling. Furthermore, the court held that respondent had no
power to add requirements to the provisions for enemy aliens under 8
U.S.C.S. §§ 726(a) and (b). The court granted the petition
for a writ of mandamus, but withheld issuance in order to allow
respondent to pass on the petitions.
OUTCOME: The court
granted the petition for writ of mandamus requiring respondent to
pass upon petitioners' requests for naturalization because respondent
had no power to impose additional requirements upon the
naturalization of enemy aliens and petitioners had a right to receive
a determination on their petitions so that they could appeal the
adverse ruling.
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