Gonzales v. Landon

215 F.2d 955 Daniel Castaneda GONZALES, Appellant, v. H. R. LANDON, District Director of Immigration and Naturalization of District No. 16, and Herbert Brownell, Attorney General of the United States, Appellees. No. 13929. United States Court of Appeals Ninth Circuit. September 8, 1954. David C. Marcus, Los Angeles, Cal., for appellant. Laughlin E. Waters, U. S. Atty., Clyde C. Downing, Robert K. Grean, Asst. U. S. Attys., Los Angeles, Cal., for appellee. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This proceeding is for declaration of citizenship. Gonzales alleges he was born at Santa Rita, New Mexico, July 21, 1924. It is also alleged he is confined for deportation. The answers were denials of citizenship and, affirmatively, that plaintiff remained out of the United States in time of war for the purpose of evading military service and that there was no claim upon which relief could be granted. 2 It was stipulated at trial that plaintiff was born in the United States and, when less than two years of age, was taken to the Republic of Mexico. There are implications in the testimony that his parents were both aliens and citizens of Mexico,…