Runnett v. Shultz

901 F.2d 782 Ronald L. RUNNETT; Moira H.R. Runnett, Plaintiffs-Appellants, v. George P. SHULTZ; Secretary of State; Department of Justice; Immigration and Naturalization Service of the United States of America, Defendants-Appellees. No. 89-55354. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1989. * Decided April 20, 1990. Ronald L. Runnett and Moira H.R. Runnett, San Diego, Cal., pro se. Samuel W. Bettwy, Sp. Asst. U.S. Atty., San Diego, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before GOODWIN, Chief Judge, SCHROEDER and O'SCANNLAIN, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 This appeal raises the issue of whether, under the 1940 Nationality Act, a United States citizen successfully transmitted citizenship to her child born abroad. 2 * Ronald Runnett ("Ronald"), a forty-seven-year-old native and citizen of Canada, contends that he acquired United States citizenship at birth from his mother, Moira Runnett ("Moira"). Although Moira was born in Canada, she is a U.S. citizen by virtue of her father's U.S. citizenship. From approximately 1916 through 1918, Moira resided in the United…