In the Matter of Petition for Naturalization of Sergio Elejar Mendoza v. United States

The issue raised by this appeal is whether the district court abused its discretion in collaterally estopping the government from relitigating the constitutionality of the Attorney General’s decision to withdraw a naturalization examiner from the Philippines in 1945. We hold there was no abuse of discretion and affirm.

I

HISTORICAL BACKGROUND

The historical events giving rise to appellee Sergio Mendoza’s claim for naturalization are undisputed. In March, 1942, Congress amended the Nationality Act of 1940, Pub.L. No. 76-853, 54 Stat. 1137 (1940) to provide for the naturalization of non-citizens who served honorably in the United States armed forces. Section 701 exempted alien servicemen from some of the usual naturalization requirements, such as a period of residence and literacy in English. Section 702 provided for overseas naturalization of those eligible under section 701 who were in active service in the military and not within the jurisdiction of any court authorized to naturalize aliens. Section 705 provided that the “Commissioner [of Immigration and Naturalization] with the approval of the Attorney General, shall prescribe and furnish forms, and shall make such rules and…