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MONTANA v. KENNEDY

No. 198.

366 U.S. 308 (1961)

MONTANA v. KENNEDY, ATTORNEY GENERAL.

Supreme Court of United States.

Decided May 22, 1961.

Attorney(s) appearing for the Case

Anna R. Lavin argued the cause and filed a brief for petitioner.

Charles Gordon argued the cause for respondent. With him on the briefs were former Solicitor General Rankin, Solicitor General Cox, Assistant Attorney General Wilkey, Acting Assistant Attorney General Foley and Beatrice Rosenberg.

MR. JUSTICE HARLAN delivered the opinion of the Court.

Having been ordered deported as an alien on grounds which are not contested, petitioner, claiming to be a citizen, brought the present declaratory judgment action under 8 U. S. C. § 1503 to determine his citizenship status.

Petitioner, whose mother is a native-born United States citizen and whose father is a citizen of Italy (their marriage having been in the United States), was born in Italy in 1906...

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