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MACKEY v. MENDOZA-MARTINEZ

No. 29.

362 U.S. 384 (1960)

MACKEY, COMMISSIONER OF IMMIGRATION AND NATURALIZATION, ET AL. v. MENDOZA-MARTINEZ.

Supreme Court of United States.

Decided April 18, 1960.

Attorney(s) appearing for the Case

Oscar H. Davis argued the cause for appellants. With him on the brief were Solicitor General Rankin and Assistant Attorney General Wilkey.

Thomas R. Davis argued the cause for appellee. With him on the brief were John W. Willis and Vincent P. DiGiorgio.

Jack Wasserman, David Carliner and Osmond K. Fraenkel filed a brief for the American Civil Liberties Union, as amicus curiae, in support of appellee.

PER CURIAM.

This is a suit by appellee for a declaratory judgment that he is a citizen of the United States. The District Court sustained the contention of the United States that appellee had lost his citizenship by reason of § 401 (j)1 of the Nationality Act of 1940, 54 Stat. 1137, as amended, 58 Stat. 746, 8 U. S. C. § 1481 (a) (10), and the Court of Appeals affirmed.

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