Espindola

Espindola v. Barber

Good Law
152 F. Supp. 829·1957 U.S. Dist. LEXIS 3477
United States District Court, Northern District of CaliforniaMay 29, 1957Civ. No. 7429California1,616 words

Opinion

lead Opinion

Halbert, J.

Plaintiff has instituted this action in this Court for an adjudication of his. *830 citizenship status under the provisions of Title 8 U.S.C.A. § 1503 , and Title 28 U.S. C.A. § 2201. The case has been submitted to the Court on an agreed statement of facts; the only issue being one of law.

Plaintiff is the illegitimate son of Imelda G. Tovias who became a naturalized citizen of the United States on March 7, 1950, in thé Superior Court of the State of California, in and for the County of Sacramento. Plaintiff was born in Mexico on October 22, 1935. His father, an alien, never married plaintiff’s mother. Plaintiff’s mother has had sole and exclusive custody over plaintiff since his birth. Plaintiff, accompanying his mother, was lawfully admitted to the United States from Mexico on September 4, 1943, for permanent residence. On April 29, 1955, plaintiff was adjudged to be a narcotic drug addict and was ordered committed to the Stockton State Hospital, Stockton, California, from which institution he was discharged after the minimum period of three months. On February 13, 1956, after a hearing held before Norman H. Speck, a Special Inquiry Officer for the Immigration and…

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