In re FEROZ DIN

In re FEROZ DIN. District Court, N. D. California, S. D., at San Francisco. May 23, 1928. No. 12501. Aliens <@=61 — Afghan, held not “white person," nor of “African nativity or descent,” within naturalization laws (8 USCA § 359). A typical Afghan and a native of Afghanistan held not a “white person,” nor one of “African nativity or descent,” and hence not subject to naturalization, under 8 USCA § 359. [Ed. iNote. — Eor other definitions, see Words and Phrases, First and Second Series, White Person, Second Series, African -Descent.] Naturalization Proceeding. Application for naturalization of Feroz Din. Petition denied. [MAJORITY — BOURQUIN, District Judge.] BOURQUIN, District Judge. This applicant for citizenship is a typical Afghan and a native of Afghanistan. He is readily distinguishable from “white” persons of this country, and approximates to Hindus. The conclusion is that he is not a white person, nor of African nativity or descent, to whom naturalization in general is limited by section 359, title 8, U. S. C. (8 USCA § 359). Accordingly his petition is denied. This action is required by the principle of United States v. Thind, 261 U. S. 204, 43 S. Ct. 338, 67 L. Ed. 616, and much of the comment in that case is applicable to this. What ethnolo - gists, anthropologists, and other so-ealJed scientists may speculate and conjecture in respect to races and origins may interest the-curious and convince the credulous, but is of no moment in arriving at the intent of Congress in the statute aforesaid. Decree accordingly.