Mendoza-Martinez v. Mackey
| Decision Date | 02 November 1956 |
| Docket Number | No. 14997.,14997. |
| Citation | 238 F.2d 239 |
| Parties | Francisco MENDOZA-MARTINEZ, Appellant, v. Argyle R. MACKEY, Commissioner of Immigration and Naturalization and Herbert Brownell, Attorney General of the United States, Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Vincent P. DiGiorgio, DiGiorgio & Davis, Bakersfield, Cal., for appellant.
Laughlin E. Waters, U. S. Atty., Max F. Deutz, James R. Dooley, Asst. U. S. Attys., Los Angeles, Cal., for appellees.
Before BONE, ORR and HAMLEY, Circuit Judges.
Mendoza-Martinez appeals from an adverse judgment in an action for declaratory judgment in the United States District Court for the Southern District of California, Northern Division.
Appellant departed the United States in 1942 for Mexico and remained there until 1946. Upon his return to the United States, he was convicted for draft evasion under 50 U.S.C.A.Appendix, § 311.1 While in custody, appellant was arrested by the Immigration and Naturalization Service for illegal entry; the warrant alleged expatriation under Sec. 401(j) of the Nationality Act of 1940, 54 Stat. 1168 (1940), 58 Stat. 746 (1944).2 The statute provided, in substance, for loss of United States nationality by departing from or remaining outside United States jurisdiction during a national emergency for the purpose of evading or avoiding military service.
After exhausting administrative remedies, appellant brought this action for declaratory relief. Appellant's sole contention is that Sec. 401(j) is unconstitutional. This Court has twice held said section to be constitutional; on authority of Gonzalez v. Landon, 9 Cir., 1954, 215 F.2d 955, reversed on other grounds 350 U.S. 920, 76 S.Ct. 210, and Vidales v. Brownell, 9 Cir., 1954, 217 F.2d 136, the judgment of the District Court is affirmed.
2 Now Immigration and Nationality Act 1952, 8 U.S.C.A. § 1481(a).
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Kennedy v. Mendoza-Martinez
...outside the jurisdiction of the United States after September 27, 1944. The Court of Appeals for the Ninth Circuit affirmed the judgment, 238 F.2d 239. This Court, in 1958, Mendoza-Martinez v. Mackey, 356 U.S. 258, 78 S.Ct. 713, 2 L.Ed.2d 757, granted certiorari, vacated the judgment, and r......
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Cort v. Herter, Civ. A. No. 868-60.
...the Supreme Court did not find it necessary to consider also the constitutionality of Section 401(j). 6 In the case of Mendoza-Martinez v. Mackey, 9 Cir., 238 F.2d 239, the Court of Appeals affirmed a decision of the District Court upholding the constitutionality of Section 401(j). The Supr......
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Mackey v. Mendoza-Martinez
...of 1940, 54 Stat. 1137, as amended, 58 Stat. 746, 8 U.S.C. § 1481(a)(10), 8 U.S.C.A. § 1481(a)(10), and the Court of Appeals affirmed. 9 Cir., 238 F.2d 239. Meanwhile we had decided Trop v. Dulles, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 630, and when certiorari was sought here we granted the ......
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