Fay

This is an action for an adjudication of citizenship, jurisdiction for which is found in Section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 * Plaintiff is an American citizen who sought to enter the United States from Hong Kong. The American Consulate General refused him a passport, rejecting his claim of American citizenship. Plaintiff then gained admission to the United States for the specific and limited purpose of prosecuting this action to prove his citizenship. In order to be allowed to enter the country, plaintiff had to file with the Immigration and Naturalization Service a bond in the amount of $2,000, containing, so far as is relevant, the following condition:

After the commencement of this action, the defendant conceded the citizenship of the plaintiff. The plaintiff thereupon petitioned the Department of Justice, Immigration and Naturalization Service, to exonerate the bond filed by him on his entry to the United States and to return the collateral for the bond. The Service answered as follows:

Defendant now moves to dismiss the action as moot, there being no longer any issue as to citizenship. Plaintiff has moved for summary judgment, the facts being…