Cepo

Cepo v. Brownell

Good Law
147 F. Supp. 517
United States District Court, Northern District of CaliforniaDecember 21, 1956No. 35318California2,148 words

Opinion

lead Opinion

Goodman, J.

Plaintiff seeks a judgment declaring him to be a United States citizen pursuant to Section 360 of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1503 , which provides that an action for such a declaratory judgment may be instituted by any person within the United States who claims a right or privilege as a national of the United States which is denied on the ground that he' is not a national. The right denied plaintiff on the ground that he is not a national was a certificate of citizenship which' Section 341 of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1452 , provides shall be furnished to any person who proves to the satisfaction of the Attorney General that he derived United States citizenship from a citizen father.

The Government • urges that the denial of a certificate of citizenship is not a denial of such a right as will support an action for a declaratory judgment pursuant to Section 360. This Court has previously regarded the denial of a certificate of citizenship as an adequate basis for an action pursuant to Section 360. Laranjo v. Brownell, D.C.1954, 126 F.Supp. 370 . The reasons advanced by the Government for the adoption of a-contrary view…

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