Gonzalez-Gomez

Gomez seeks a declaration of United States nationality under the provisions of section 1503, Title 8 U.S.C.A., which provides that no action may be instituted under the section if the issue of the petitioner’s status as a national arose in connection with any exclusion proceeding.

The respondent moved to dismiss the petition and filed an affidavit asserting that Gomez’ status arose in an exclusion proceeding in which he was excluded from entry into the United States on April 7, 1948 and again on July 14, 1950.

The petitioner does not dispute the fact that his status as a national arose in connection with an exclusion proceeding and relies solely on the issue of the constitutionality of the statute. He sums up his position as follows:

“The determination of a person’s most prized possession of American citizenship, where it arose in exclusion proceedings or is an issue in exclusion proceedings, would be left solely to the discretion, determination and whim of an executive officer without hope of judicial review or remedy. It would appear that no matter by what manner, means or method the executive determined in exclusion proceedings that there had been loss of citizenship, no…