Clemente Martinez Perez v. Herbert Brownell, Jr., Attorney General of the United States, Washington, D. C.

This is an action wherein appellant sought declaratory relief. After trial, the District Court found against him. He has not attacked the evidence but contended in the trial Court, and insists here, that Congress was without power to enact the statute which has been invoked against him.

Briefly stated, the facts found by the District Court are that appellant was born in El Paso, Texas, March 17, 1909, and resided in the United States until 1919 or 1920 when his parents took him to Mexico.

In 1928 he was informed that he had been bom in Texas.

During World War II he applied for admission and was admitted into the United States as a Mexican alien railroad worker. His application for such entry contained his recitation that he was a native-born citizen of Mexico.

The Court found that he knew at the outbreak of World War II that it was the duty of male citizens of the United States of America to register under the Selective Service Laws of the United States of America. Appellant did not so register at any time. During 1947 he was in Mexico and during that year applied for admission to the United States as a citizen of the United States. The District Court found that appellant was…