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MENDOZA v. UNITED STATES

No. 79-3478.

737 F.2d 824 (1984)

In the Matter of the Petition for Naturalization of Sergio Elejar MENDOZA, Petitioner-Appellee, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

July 13, 1984.

Attorney(s) appearing for the Case

Frank O. Bowman, III, Dept. of Justice, Washington, D.C., for respondent-appellant; Frederick M. Brosio, Jr., Asst. U.S. Atty., Los Angeles, Cal., on brief.

Donald L. Ungar, Simmons & Ungar, San Francisco, Cal., for petitioner-appellee.

Before TANG and NORRIS, Circuit Judges; and CARROLL, District Judge.

ORDER

In 1978 petitioner Sergio Elejar Mendoza, a Filipino national, filed a petition for naturalization under sections 701-705 of the Nationality Act of 1940, ch. 199, 56 Stat. 182, added by the Second War Powers Act, 1942, 56 Stat 182, as amended, 8 U.S.C. §§ 1001-1005 (1940 ed. Supp. V). Petitioner's claim for naturalization was based on the assertion that the government's administration of the Nationality Act denied him due process of law. The district...

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