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DICICCO v. U.S. DEPT. OF JUSTICE I.N.S.

No. 88-1199.

873 F.2d 910 (1989)

Giovanni DICICCO, Petitioner-Appellant, v. U.S. DEPARTMENT OF JUSTICE IMMIGRATION & NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 26, 1989.

Attorney(s) appearing for the Case

David K. Wenger (argued), Detroit, Mich., for Giovanni Dicicco.

L. Michael Wicks, Asst. U.S. Atty. (argued), Andrew Balanger, I.N.S., Detroit, Mich., for I.N.S.

Before KEITH, JONES and GUY, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

Petitioner, Giovanni Dicicco, appeals the district court's order denying his petition for naturalization. The district court concluded, as the designated naturalization examiner did before him, that Dicicco is permanently barred from naturalization under section 315 of the Immigration and Nationality Act, 8 U.S.C. § 1426, because of his discharge from military service on the basis of alienage. Dicicco concedes that he received...

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