Correia v. Dulles
| Citation | 129 F. Supp. 533 |
| Decision Date | 29 March 1954 |
| Docket Number | Civ. A. No. 1550. |
| Parties | Jaime CORREIA, Plaintiff, v. John Foster DULLES, Secretary of State, Defendant. |
| Court | U.S. District Court — District of Rhode Island |
Donald O. Burke, Providence, R. I., for plaintiff.
Jacob S. Temkin, U. S. Atty., Henry R. DiMascolo, Asst. U. S. Atty., Providence, R. I., for defendant.
The plaintiff herein seeks a declaratory judgment that he is a national of the United States and alleges jurisdiction under section 2201 of Title 28 United States Code. However, it is clear that the complaint is brought pursuant to the provisions of Section 1503(a) of Title 8 United States Code Annotated, which authorizes a person under certain conditions to institute an action under the provisions of section 2201 of Title 28 for a judgment declaring him to be a national of the United States.
The plaintiff alleges that he was born in the United States on August 18, 1926; that he was taken by his mother, his father having died, on December 3, 1931, to live with her parents in the Azores; that he is a native born citizen of the United States; that he remained in the Azores and was inducted into the armed forces of Portugal against his will and that he has always claimed to be a citizen of the United States; that he married while in the Azores and has a wife and child residing there who desire to join him in the United States; that he entered the United States for permanent residence as a non-quota immigrant on April 23, 1952; that the American Consul at Ponta Delgarda, Azores, had refused prior thereto to permit him to return to the United States as a citizen of the United States claiming that he had lost his United States citizenship and United States nationality by service in the armed forces of a foreign state; that the action of the American Consul was erroneous because the plaintiff's service in the army of Portugal was involuntary and under duress. The plaintiff then prays that this Court will adjudge him to be "a National of the United States of America and a Citizen of the United States of America". The complaint was filed in this court on March 16, 1953.
The defendant has moved to dismiss upon the ground, among others, that the complaint fails to allege that any right or privilege of the plaintiff as a national of the United States was denied to him on the ground that he was not a national of the United States while he was in the United States. (Emphasis supplied.)
The pertinent language of section 1503 (a) of Title 8 United States Code Annotated is as follows: "If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national, of the United States, such person may institute an action under the provisions of section 2201 of Title 28, against the head of such department or independent agency for a judgment declaring him to be a national of the United States, except that no such action may be instituted in any case if the issue of such person's status as a...
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Rosasco v. Brownell
...417; Strupp v. Dulles, D.C.S.D.N.Y.1957, 163 F.Supp. 790; Aiko Matsuo v. Dulles, D.C.S.D. Cal.1955, 133 F.Supp. 711; Correia v. Dulles, D.C.R.I.1954, 129 F.Supp. 533. The court is aware that Puig Jiminez v. Glover, 1 Cir., 255 F.2d 54, permits an action under § 1503(a) where the claimed den......
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Sonethanong v. Tillerson
...here is 8 U.S.C. § 1503(a), which governs proceedings for a declaration of United States nationality. See Correia v. Dulles, 129 F. Supp. 533, 533 (D.R.I. 1954). An action under section 1503(a) "may be instituted only within five years after the final administrative denial of such right or ......
- Stuuk v. United States
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Correia v. Dulles, Civ. A. No. 1693.
...2201 of Title 28 U.S.C.A. This action was dismissed upon the defendant's motion because of lack of jurisdiction. See Correia v. Dulles, D.C.R.I.1954, 129 F.Supp. 533. On April 15, 1954 the plaintiff applied for a passport to travel to the Azores. On May 6, 1954 the Department of State by le......