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BREYER v. ASHCROFT

No. 02-4226.

350 F.3d 327 (2003)

Johann BREYER v. John ASHCROFT, U.S. Immigration and Naturalization Service, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 19, 2003.

Attorney(s) appearing for the Case

Jonathan C. Drimmer (Argued), David W. Folts, Office of Special Investigations, United States Department of Justice, Criminal Division, Washington, DC, for Appellant.

Martin R. Lentz (Argued), Pelino & Lentz, Philadelphia, PA, for Appellee.

Before: SCIRICA, Chief Judge, RENDELL and AMBRO, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

The government seeks to strip Johann Breyer of his United States citizenship for serving in the Waffen SS during World War II. At issue is whether Breyer, who joined at age seventeen, was a voluntary member of the Nazi military unit. The District Court found that he was not, and consequently issued a declaratory judgment that Breyer was a United States citizen. We will affirm.1

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