menasche
argued
march
decided
april
alien
filed
declaration
intention
become
american
citizen
effective
date
immigration
nationality
act
otherwise
complied
naturalization
laws
effect
status
condition
right
process
acquisition
preserved
general
savings
clause
act
even
though
petition
naturalization
filed
effective
date
act
pp
subsection
savings
clause
broadened
act
congress
manifested
intention
act
take
effect
prospectively
specific
provision
contrary
pp
extension
subsection
limited
situations
concerning
derivative
citizenship
fact
act
declarations
intention
longer
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immaterial
view
provision
preserving
validity
declarations
intention
valid
time
act
shall
take
effect
pp
case
alien
inchoate
right
citizenship
protected
defeated
implication
stemming
pp
section
act
imposes
stringent
requirement
residence
prior
law
otherwise
specifically
provide
act
rather
prior
law
apply
situation
alien
case
gray
thoron
argued
cause
brief
solicitor
general
sobeloff
assistant
attorney
general
olney
paul
winings
lorraine
wall
hurney
peyton
ford
argued
cause
filed
brief
respondent
justice
clark
delivered
opinion
case
shomberg
post
present
questions
concerning
proper
interpretation
general
savings
clause
immigration
nationality
act
stat
note
clause
act
provides
follows
nothing
contained
act
unless
otherwise
specifically
provided
therein
shall
construed
affect
validity
declaration
intention
petition
naturalization
certificate
naturalization
certificate
citizenship
warrant
arrest
order
warrant
deportation
order
exclusion
document
proceeding
shall
valid
time
act
shall
take
effect
affect
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suit
action
proceedings
civil
criminal
brought
status
condition
right
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act
thing
liability
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criminal
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time
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effect
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actions
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statutes
sic
conditions
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things
liabilities
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statutes
parts
statutes
repealed
act
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hereby
continued
force
effect
except
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title
iii
petition
naturalization
heretofore
filed
may
pending
time
act
shall
take
effect
shall
heard
determined
accordance
requirements
law
effect
petition
filed
facts
dispute
respondent
admitted
permanent
residence
march
following
month
filed
declaration
intention
become
citizen
next
five
years
respondent
absent
business
several
periods
less
year
although
aggregate
absences
months
conceded
respondent
time
abandoned
american
residence
accordingly
prerequisites
citizenship
satisfied
respondent
entitled
naturalized
nationality
act
upon
completing
five
years
residence
stat
ed
period
run
immigration
nationality
act
became
effective
december
section
act
stat
imposed
new
requirement
physical
presence
eligible
citizenship
alien
must
physically
present
least
period
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residence
april
menasche
filed
petition
naturalization
lacked
months
fulfilling
new
requirement
thus
act
applies
respondent
case
clear
may
naturalized
act
admittedly
eligible
citizenship
district
judge
admitted
menasche
citizenship
holding
act
governs
respondent
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status
condition
right
process
acquisition
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new
act
supp
appeals
affirmed
granted
certiorari
importance
questions
presented
companion
case
shomberg
supra
administration
nationality
laws
interpreting
immigration
nationality
act
relation
facts
case
must
consider
historical
background
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clause
procedure
filing
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intention
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act
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stat
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dispensed
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years
enactments
congress
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appropriate
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declare
intention
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citizens
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years
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made
time
time
avoid
hardship
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naturalization
favored
group
enactment
declaration
constituted
first
papers
toward
american
citizenship
usual
naturalization
procedure
see
joint
hearings
subcommittees
committees
judiciary
pp
pp
savings
clauses
type
involved
broad
inclusive
provisions
date
back
general
statutes
immigration
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enacted
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act
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first
real
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contain
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means
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provisions
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savings
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years
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direct
antecedent
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involved
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act
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ed
last
legislation
prior
deal
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system
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like
present
provision
act
divided
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subsection
expanded
upon
multiplicity
legal
subjects
preserved
immigration
laws
subsection
hand
introduced
entirely
new
wrinkle
providing
pending
naturalization
petitions
shall
heard
determined
within
two
years
thereafter
accordance
requirements
law
effect
petition
filed
litigation
section
involving
first
scope
subsection
secondly
relation
two
subsections
throws
considerable
light
parallel
problems
presented
instant
case
act
made
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subsection
complete
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status
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change
undoubtedly
prompted
several
sets
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decisions
dealing
vague
terminology
act
preserving
act
thing
matter
civil
criminal
first
concerned
question
whether
withdrawal
declaration
intention
avoid
service
armed
forces
constituted
act
existing
prior
law
continued
debar
alien
citizenship
compare
petition
otness
supp
urmeneta
supp
samowich
supp
second
significant
conflict
concerned
inchoate
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proper
conditions
met
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time
ripen
full
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act
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conditions
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arose
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time
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effect
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law
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circuit
held
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law
applied
act
extend
mere
condition
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action
ex
rel
aberasturi
cain
appeals
district
columbia
disagreed
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partly
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process
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bertoldi
mcgrath
app
latter
conflict
must
paramount
minds
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first
subsection
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analysis
pp
prepared
immigration
naturalization
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committees
congress
considering
legislation
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intended
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bertoldi
case
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act
take
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reaffirmation
principle
underlying
less
sweeping
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report
congressional
committees
considering
earlier
section
said
provision
contains
customary
clauses
status
quo
maintained
relation
naturalization
proceedings
related
matters
report
joint
departmental
committee
reproduced
hearings
house
committee
immigration
naturalization
superseded
government
us
limit
extension
subsection
situations
concerning
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citizenship
arguing
problem
entirely
responsible
new
language
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change
section
designed
extend
savings
clause
already
broadly
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believe
congressional
acceptance
principle
statutory
status
quo
continue
even
rights
fully
matured
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conflict
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bertoldi
involved
situation
alien
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citizenship
even
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aberasturi
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recognized
affirmative
action
alien
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result
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congress
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preserve
mere
condition
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action
think
savings
clause
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instances
affirmative
action
present
whole
development
general
savings
clause
predecessors
accompanying
recent
codifications
field
immigration
naturalization
manifests
congressional
policy
strip
aliens
advantages
gained
prior
laws
consistent
broadening
savings
provision
particularly
general
terminology
indicates
policy
preservation
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apply
matters
within
without
specific
contemplation
congress
government
argues
hinging
statuses
conditions
rights
process
acquisition
filing
declaration
intention
contends
act
rendered
declarations
totally
meaningless
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naturalization
proceedings
concerned
longer
prerequisite
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confer
special
advantage
immaterial
first
congressional
resolution
conflict
indicates
willingness
least
situations
preserve
rights
process
acquisition
without
requiring
affirmative
action
part
alien
argued
present
case
menasche
residence
rather
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rise
rights
approach
virtue
eliminating
inequitable
treatment
envisaged
government
regards
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groups
aliens
file
declarations
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decision
rested
ground
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refer
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verbatim
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preserving
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intention
valid
time
act
shall
take
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government
contends
however
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covers
case
deals
specifically
naturalization
petitions
necessary
implication
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read
statute
subsection
merely
implements
emphasizes
operation
forerunner
clear
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specific
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subsections
state
prior
law
apply
certain
circumstances
slight
negative
implication
derived
fact
applies
pending
petitions
naturalization
filed
effective
date
new
act
overcome
broad
sweep
direction
prior
law
applies
unless
act
otherwise
specifically
provide
emphasis
supplied
view
strengthened
relation
predecessors
report
joint
departmental
committee
supra
stated
act
period
years
granted
petition
naturalization
filed
prior
enactment
new
measure
might
heard
law
effect
proceeding
begun
approach
courts
dealing
pending
naturalization
petitions
alleged
governed
savings
clause
generally
see
whether
petitioner
rights
saved
applicable
apply
limitation
see
shaver
petition
la
bella
supp
petition
hirsch
supp
mcinnis
supp
cf
petition
ferrara
thus
considered
source
rights
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clause
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limitation
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indeed
two
cases
petitions
naturalization
filed
effective
date
act
considered
solely
relation
samowich
supp
petition
rothschild
supp
decisions
ignored
supposedly
obvious
negative
implications
cast
considerable
doubt
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present
view
automatically
removed
coverage
prior
law
petitions
filed
effective
date
act
thus
construction
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concerning
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provisions
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departure
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change
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act
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time
limit
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indicate
congress
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change
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see
analysis
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accord
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district
appeals
instant
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holding
preserves
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stages
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pringle
affirming
supp
jocson
supp
believe
congress
intended
government
contention
apply
phase
processing
naturalization
petitions
defeat
destroy
plain
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section
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principle
statutory
construction
save
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board
jones
laughlin
steel
duty
give
effect
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every
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word
statute
montclair
ramsdell
rather
emasculate
entire
section
government
interpretation
requires
accordingly
hold
respondent
inchoate
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citizenship
protected
defeated
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stemming
remains
therefore
look
imposes
new
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physical
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determine
whether
otherwise
specifically
provide
new
act
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respondent
situation
clear
section
merely
says
except
otherwise
provided
stated
degree
physical
presence
shall
required
may
viewed
reference
inter
alia
strengthening
conclusion
prior
law
applies
district
appeals
correct
concluding
preserved
respondent
inchoate
rights
prior
law
decisions
accordingly
affirmed
footnotes
sec
nothing
contained
either
chapter
iii
chapter
act
unless
otherwise
provided
therein
shall
construed
affect
validity
declaration
intention
petition
naturalization
certificate
naturalization
citizenship
document
proceeding
shall
valid
time
act
shall
take
effect
affect
prosecution
suit
action
proceedings
civil
criminal
brought
act
thing
matter
civil
criminal
done
existing
time
act
shall
take
effect
prosecutions
suits
actions
proceedings
acts
things
matters
statutes
parts
statutes
repealed
act
hereby
continued
force
effect
petition
naturalization
heretofore
filed
may
pending
time
act
shall
take
effect
shall
heard
determined
within
two
years
thereafter
accordance
requirements
law
effect
petition
filed
alien
may
wishes
file
declaration
intention
immigration
naturalization
service
stat
apparent
object
optional
provision
preserve
rights
aliens
state
laws
example
may
requirement
legally
resident
alien
shall
filed
declaration
intention
obtain
work
see
joint
hearings
supra
supra
possible
although
pass
point
opinion
serves
function
carries
negative
implication
different
advanced
government
section
provides
pending
petitions
naturalization
shall
governed
law
effect
petition
filed
emphasis
supplied
section
hand
provides
nothing
new
act
shall
affect
enumerated
subjects
preserving
law
existed
immediately
prior
effective
date
act
thus
may
otherwise
specifically
provid
law
applicable
pending
petitions
different
law
preserved
protected
interests
fully
considered
passing
question
us
consonance
interpretation
statutory
scheme
advance
merely
another
illustration
meaning
given
avoid
result
pressed
government
case
objection
rendered
redundant
holding
petitioner
rights
protected