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PEIGNAND v. IMMIGRATION AND NATURALIZATION SERVICE

No. 7638.

440 F.2d 757 (1971)

Joaquin Augusto PEIGNAND, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, First Circuit.

March 10, 1971.

Attorney(s) appearing for the Case

A. G. Hermida, Rio Piedras, Puerto Rico, for petitioner.

Robert W. Nuckles, Atty., Dept. of Justice, with whom Herbert F. Travers, Jr., U. S. Atty., Willie J. Davis, Asst. U. S. Atty., and Paul C. Summitt, Atty., Dept. of Justice, were on brief, for respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This appeal raises the question, under the Nationality Act of 1940,1 54 Stat. 1137 et seq., whether a child born out of wedlock, subsequently acknowledged by his mother, could automatically derive United States citizenship from the naturalization of his mother. Petitioner, born out of wedlock on January 29, 1936, in the Dominican Republic, was formally acknowledged by his...

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