Garcia v. Brownell

236 F.2d 356 Alfredo Ramirez GARCIA, Appellant, v. Herbert BROWNELL, Attorney General of the United States, and Albert Del Guercio, Officer in Charge Immigration & Naturalization Service at Los Angeles, California, Appellees. No. 14905. United States Court of Appeals Ninth Circuit. August 6, 1956. David C. Marcus, Los Angeles, Cal., for appellant. Laughlin E. Waters, U. S. Atty., Max F. Deutz, James R. Dooley, Asst. U. S. Attys., Los Angeles, Cal., for appellee. Before DENMAN, Chief Judge, BONE, Circuit Judge, and TOLIN, District Judge. TOLIN, District Judge. Appellant seeks reversal of an Order of Dismissal entered in the District Court. In that Court he had filed a Petition for Declaratory Judgment and for Determination of United States Citizenship. The Petition alleged that jurisdiction was invoked pursuant to Section 360(a) of Public Law 414, 1 Section 2201, Title 28 U.S.C.A. 2 In his brief appellant contends that jurisdiction arises under Section 503 of the Nationality Act of 1940. That statute has been superseded by the Nationality Act of 1952, but it has been judicially declared that where one was excluded from admission to the United States prior to the repeal of…