Jesus Elizarraraz v. Herbert Brownell, Jr., as Attorney General of the United States

This case originated in the United States District Court for the Southern District of California, upon a petition by appellant to have himself declared a national of the United States pursuant to Section 503 of the Nationality Act of 1940, 8 U.S.C. § 903 . Janies T. Mc-Granery was then Attorney General of the United States and was named a defendant. By subsequent proceedings, the present Attorney General of the United States, Herbert Brownell, Jr., has been substituted. The petition below alleged that the plaintiff (appellant herein) ■ was a native born citizen of the United States, having been born in Los Angeles on November 9, 1912; that the Attorney General of the United States “has denied the plaintiff his rights and privileges as a national of the United States, in that he has decided and determined that the plaintiff is not a national of the United States;” that plaintiff was a permanent resident of Los Angeles, California, within the Southern District and desirous of having the court declare him tp be a national of the United States and prayed judgment accordingly.

The answer, upon information and be-lief, denied the birthplace of appellant, and admitted that the Attorney…