Perez v. Brownell, 14497.
Decision Date | 12 July 1956 |
Docket Number | No. 14497.,14497. |
Citation | 235 F.2d 364 |
Parties | Clemente Martinez PEREZ, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Washington, D. C., Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
Salvatore C. J. Fusco, San Francisco, Cal., for appellant.
Lloyd H. Burke, U. S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.
Before DENMAN, Chief Judge, HASTIE, Circuit Judge, and TOLIN, District Judge.
This is an action wherein appellant sought declaratory relief.1 After trial, the District Court found against him. He has not attacked the evidence but contended in the trial Court, and insists here, that Congress was without power to enact the statute which has been invoked against him.
Briefly stated, the facts found by the District Court are that appellant was born in El Paso, Texas, March 17, 1909, and resided in the United States until 1919 or 1920 when his parents took him to Mexico.
In 1928 he was informed that he had been born in Texas.
During World War II he applied for admission and was admitted into the United States as a Mexican alien railroad worker. His application for such entry contained his recitation that he was a native-born citizen of Mexico.
The District Court further found:
On May 15, 1953, he surrendered to Immigration authorities in San Francisco as an alien unlawfully in the United States but claimed that he was a citizen of the United States by birth and thereby entitled to remain. This contention was urged in the present suit where the District Court stated in its Conclusions of Law:
Legislation providing for expatriation has been known in the United States at least since 1865 when Congress provided for forfeiture of the right of citizenship of deserters and enlisted draftees who depart from their district or from the United States with intent to avoid draft into the armed forces.2 The validity of the Act was assumed and its effectiveness as an expatriation statute applied in a series of cases.3
It is not difficult to appreciate that a nation which requires successful applicants for naturalization to take an oath that they will render either military or certain service in lieu thereof, to the United States, would logically impose expatriation upon...
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Perez v. Brownell
...expatriated himself, denied the relief sought by the petitioner. The United States Court of Appeals for the Ninth Circuit affirmed. 235 F.2d 364. We granted certiorari because of the constitutional questions raised by the petitioner. 352 U.S. 908, 77 S.Ct. 153, 1 L.Ed.2d Statutory expatriat......
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