Chytil

MEMORANDUM **

Appellant Renatus J. Chytil “Chytil” is a naturalized citizen of the United States. When he was naturalized in 1957, his Czech citizenship was revoked. After becoming a citizen, Chytil requested the assistance of the United States Secretary of State in regaining property confiscated by the government of Czechoslovakia, but his request was refused on the ground that he was not a citizen when his property was confiscated in 1939. In 1999, Chytil filed a complaint in the district court, alleging violations of 42 U.S.C. §§ 1982 , 1983, and 1971, and seeking “[a] Declaratory Judgment directing that ... [the] Secretary of State may not discriminate against ... [Chytil] on the basis of his national origin in deciding whether to take jurisdiction and to espouse his claims for restitution of property wrongfully and illegally converted and held by The Czech Republic.” The Secretary of State moved to dismiss Chytil’s complaint, and the district court adopted the findings, conclusions, and recommendations of the magistrate judge and dismissed the complaint.

Chytil argues to us that, in refusing to espouse his claim on the ground that he was not a U.S. citizen at the time his…