Arturo Fletes-Mora v. Herbert Brownell, Attorney General of the United States

Good Law
231 F.2d 579·1955 U.S. App. LEXIS 3635
United States Court of Appeals for the Ninth CircuitDecember 9, 195514454California1,389 words

Opinion

Opinion

Fee, J.

The petitioner, Arturo Fletes-Mora, filed a petition in the District Court purportedly under the provisions of 28 U.S. C.A. § 2201 and 8 U.S.C.A. § 1503 . The petition alleges that Fletes-Mora “is a constitutional native citizen of the United States,” born on September 23, 1925, at Los Angeles, California, where he still resides. There are conclusions as to a denial of his rights and privileges as a citizen by the Attorney Gen eral, who, it is said, contends that petitioner “is not a citizen of the United States, but an alien and citizen and national of the Republic of Mexico, and is not entitled to the rights and privileges as a citizen of the United States.” As a result, the Attorney General has, it is alleged, determined that petitioner is not entitled to be and remain in the United States or to enter the United States. It is alleged that there is an actual and bona fide dispute between petitioner and the Attorney General in this regard. It is further alleged that the dispute over his status as a national of the United States “did not arise out of or in connection with any exclusion proceedings under the provisions of Public Law 414, 66 Stat. 273 , or any other Act, or is an…

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