William J. Brennan, Jr.

“ The petitioner argues that in any event § 315 of the Immigration and Nationality Act of 1952, [15] and not s 3 (a) of the Selective Training and Service Act of 1940, governs this case. Section 315 of the 1952 Act enacts a two-pronged requirement for the determination of permanent ineligibility for citizenship: the alien must be one 'who applies or has applied for exemption,' and also one who 'is or was relieved or discharged from such training or service on such ground.' That section has no application here. ”

“ The neutral alien in this country during the war was at liberty to refuse to bear arms to help us win the struggle, but the price he paid for his unwillingness was permanent debarment from United States citizenship. ”

“ The Court of Appeals for the Second Circuit affirmed, not only for the reason given by the District Court, but also upon the ground that, because the petitioner is 'an alien who 'has made application' to be relieved from military service,' he is debarred from citizenship as a matter of law and 'hence is not eligible for an order suspending deportation.' [3] This Court granted certiorari. [4]
Deportation proceedings had been instituted because petitioner had entered the United States on April 2, 1951, on a temporary visa and remained beyond the period for which he was admitted. ”