Navarro

This action for declaratory relief has been submitted to the court on a stipulation of facts.

The plaintiff is a native and national of Ecuador, who last entered the United States on September 20th, 1936, as Vice Consul of Ecuador. In December, 1936, upon change of government administration in Ecuador, the plaintiff was ousted from his diplomatic post, but continued to reside in the United States though failing to maintain his exempt status as a foreign government official.

On October 23, 1942, the plaintiff executed DSS Form 301, “Application By Alien for Relief from Military Service”, which application included the statement, “I understand that the making of this application to be relieved from such liability will debar me from becoming a citizen of the United States.” 1 At the time of said application, Ecuador was neutral in the then existing war. On January 12, 1951, the Secretary of State of the United States approved the institution of deportation proceedings against the plaintiff, in accordance with Section 15 of the Immigration Act of 1924, 8 U.S.C.A. § 215 . On April 25, 1951, following a hearing at which plaintiff was present with counsel, the plaintiff was found to be…