Leon Jose S. De Mesa, on Behalf of Themselves and Others Similarly Situated v. Francisco C. Castro, Edwin Meese, Iii., Defendant-Intervenor-Appellant

The plaintiffs represent themselves and a class of similarly situated individuals who in 1977 renounced Filipino citizenship in order to become citizens of the Commonwealth of the Northern Mariana Islands and eventually permanent citizens of the United States. They filed this action in 1979 against the government of the Northern Marianas seeking “certificates of identity” entitling them to the benefits of United States citizenship during the period preceding termination of United States trusteeship over the Northern Marianas.

This is the third time the case has been before this court. In 1981, we held that because the qualifications for interim citizenship prior to termination of the trusteeship paralleled the qualifications for permanent United States citizenship at expiration of the trusteeship, the United States was entitled to intervene in the action as of right. Smith v. Pangilinan, 651 F.2d 1320 (9th Cir.1981). However, during the pend-ency of the government’s appeal on the intervention question, proceedings in the district court were not stayed and the district court considered plaintiffs’ case. The district court held that the plaintiffs were entitled to the certificates…