Mazza

Plaintiff, who appeared before this 'Court on a certificate of identity, 8 U.S.C.A. § 903 , seeks to establish his status as a citizen of the United States by 'birtih. The Government opposes his right to remain in the United States, contending that he is a national of Italy and that he lost his status as an American citizen by reason of his actions taken some ten years ago. The facts are as follows:

Plaintiff was born in San Francisco, California, January 23, 1918, of Italian parents who were nationals of Italy. By virtue of his birth in the United States, plaintiff became a citizen of the United States. He was also a citizen of Italy. When plaintiff reached the age of four his parents brought him to Italy where he has since resided.

On February 4, 1938, at the age of twenty, plaintiff voluntarily entered the Italian Army and took an oath of ah giance to Italy.. He remained in the Army until May 6, 1940, at which time he received an indefinite discharge. On March 15, 1941, somewhat in excess of ten months after the date of his discharge, he was recalled to duty in the Italian Army. He served until September 27, 1945, at which time he was again given an indefinite discharge.

The…