Angel Vidales, Also Known as Angel Vidales-Galvan v. Herbert Brownell, Jr., as Attorney General of the United States

Bad Law
217 F.2d 136·1954 U.S. App. LEXIS 3094
United States Court of Appeals for the Ninth CircuitNovember 10, 195414076California1,045 words

Opinion

Opinion

Mathews, J.

On December 5, 1952, in the United States District Court for the Southern District of California, appellant, Angel Vidales, also known as Angel Vidales-Galvan, instituted an action against James P. McGranery, as Attorney General of the United States, for a judg- xnent declaring appellant to be a national of the United States. The Attorney General answered the complaint, a trial was had, findings of fact and conclusions of law were stated, and a judgment was entered adjudging that appellant was not a national of the United States. This appeal is from that judgment.

The action was under 8 U.S.C.A. § 903 , which provided: “If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence…

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