Miranda

Miranda v. Clark, Attorney General

Good Law
180 F.2d 257·1950 U.S. App. LEXIS 2407
United States Court of Appeals for the Ninth CircuitFebruary 15, 195012334_1California1,018 words

Opinion

Opinion

Bone, J.

This is an appeal from a judgment in an action wherein appellant sought declaratory judgment against Tom C. Clark, Attorney General of the United States, Ugo Carusi, United States Commissioner of Immigration, and William I. Crane, Officer in charge of the Port of San Luis, Arizona. The judgment of the district court revoked a previous interim order of the court which had restrained the arrest and deportation of appellant, and declared that appellant was, by reason of forfeiture, no longer a citizen of the United States.

The case was disposed of below upon a formal statement of facts signed by the parties with the agreement that it should be the basis of the district court’s decision. Omitting irrelevant matter the statement is as follows:

The parties are in agreement here that the question presented on this appeal is whether appellant, who was born in United States and when about five years of age was taken to Mexico (the country of his parents’ origin) and who thus became subject to a dual nationality, can expatriate himself by voting (at the age of 20) in a primary local election in his then city of residence in Mexico.

The controlling provisions of law are Sections. 801 and…

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