Valdez

These proceedings were instituted under section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 , for a judgment declaring the plaintiff to be a national of the United States.

Petitioner Valdez was born in this country on September 5, 1926, which event made him a citizen of the United States by virtue of Amendment XIV of the Constitution. When he was five years of age his parents moved to Mexico, taking him with them. In 1947 he sought to return to this country, but was excluded by the Immigration Service when it was determined, after hearing, that he had forfeited United States citizenship by remaining outside the jurisdiction of the United States for the purpose of avoiding or evading training and service in the armed forces of the United States in time of war, 8 U.S.C.A. § 801 (j), U.S.Code Cong.Service 1944, p. 743.

: Although Valdez testified that his father would not permit him to register for military service (he was 18 years of age at the time of the alleged acts of expatriation), convincing evidence was presented which clearly established that his action was voluntary and that he remained outside the United States in time of war for the purpose of evading and…