GONZALEZ-GOMEZ v. IMMIGRATION AND NATURALIZATION SERV.

No. 25488.

450 F.2d 103 (1971)

Vicente GONZALEZ-GOMEZ, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 11, 1971.


Attorney(s) appearing for the Case

Donald L. Ungar (argued), of Phelan, Simmons & Ungar, San Francisco, Cal., for petitioner-appellant.

Brewster Q. Morgan, Asst. U. S. Atty., Sacramento, Cal. (argued), Dwayne Keyes, U. S. Atty., Richard V. Boulger, Asst. U. S. Atty., Fresno, Cal., for respondent-appellee.

Before KILKENNY and CHOY, Circuit Judges, and POWELL, District Judge.


CHOY, Circuit Judge:

Vicente Gonzalez-Gomez appeals from a District Court decision that he is not a citizen of the United States and thus is subject to deportation. We reverse.1

Appellant was born in Cerano, Mexico, on July 25, 1938.2 His mother, a United States citizen, was born in Los Angeles County, California, and at the time of appellant's birth was living in Mexico. Appellant's father was a Mexican...

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