Mazza

Plaintiff petitions this Court for an order to show cause why 'he should not be admitted into the United States as a citizen of this country by reason of birth in San Francisco, California, on January 25, 1918.

Plaintiff was taken to Italy at the age of four by his parents and has remained there ever since. He volunteered for military service in the Italian Army in 1938, before he became of age. He served until May 6, 1940, and thereafter served from March 15, 1941, until September 27, 1945. He denies that the second period of service was voluntary. As a prerequisite for his initial army service, plaintiff took an oath of allegiance to Italy. This oath was in effect when he became twenty-one years of age and under the duty of declaring allegiance to the United States if he would exercise his rights of citizenship in his country of birth.

Plaintiff now seeks to appear before this Court in a proceeding under 8 U.S.C.A. § 903 , Nationality Act of 1940, Section 503, which section provides for the issuance of certificates of identity whereby the individual certified may appear before a District Court to establish his claim to United States citizenship. The section reads in part as…