Frausto

Frausto v. Brownell

Good Law
140 F. Supp. 660·1956 U.S. Dist. LEXIS 3524
United States District Court, Southern District of CaliforniaApril 16, 1956No. 18245California3,561 words

Opinion

lead Opinion

Stover, J.

Plaintiff herein was born April 5, 1926 at Fillmore, Ventura County, California, and by reason of such birth became a native-born citizen of the United States of America. When he was six years of age his parents took him to a small, isolated, rural community at Hacienda Mague, adjoining the Rancho Francisco I. Madero, State of Zacatecas, Republic of Mexico. He grew up in that rural community and engaged in agricultural work, the proceeds of which were used to support the entire family.

Plaintiff spent only one year in school in Mexico and can neither read, write nor understand the English language. He has only a very rudimentary education in the Spanish language.

Plaintiff identifies the person who seemed to be the head of public affairs in the rural community where he resided as the “comisario.” The comisario was apparently entrusted with the responsibility of “getting out the vote” in Mexican elections in that area. In July, 1946, when petitioner was twenty years of age, he was approached by the comisario who stated in effect that petitioner was old enough to vote and would have to vote in the approaching national election. Plaintiff told the comisario that he was a citizen of…

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