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CARTIER v. SECRETARY OF STATE

No. 73-1344.

506 F.2d 191 (1974)

Claude CARTIER v. SECRETARY OF STATE et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1974.

Rehearing Denied December 31, 1974.

Attorney(s) appearing for the Case

Charles Gordon, Gen. Counsel, Immigration and Naturalization Service, Dept. of Justice, of the bar of the Supreme Court of the United States, pro hac vice by special leave of court, with whom Harold H. Titus, Jr., U.S. Atty., at the time the brief was filed, John L. Murphy, Chief, Government Regulations Section, Criminal Division, Dept. of Justice and Richard L. Chaifetz, Atty., Crim. Div., Dept. of Justice, were on the brief, for appellants. John A. Terry, Asst. U.S. Atty., also entered an appearance for appellants.

Lawrence S. Lesser, Washington, D.C., with whom Joseph A. Fannelli, Washington, D.C., was on the brief, for appellee.

Before McGOWAN and MacKINNON, Circuit Judges, and A. SHERMAN CHRISTENSEN United States Senior District Judge for the District of Utah.

McGOWAN, Circuit Judge.

Appellee initiated this action under 28 U.S.C. § 1361 for a writ of mandamus to compel appellants Secretary of State and Commissioner of the Immigration and Naturalization Service to take certain actions with respect to his nationality status. The District Court concluded that a determination of the invalidity of appellee's prior renunciation of nationality, made by the Board of Appellate Review of the State Department, was binding upon...

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