Johann Breyer v. John Ashcroft, U.S. Immigration and Naturalization Service

OPINION OF THE COURT

SCIRICA, Chief Judge.

The government seeks to strip Johann Breyer of his United States citizenship for serving in the Wajfen 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

I

The facts of this case have been extensively discussed elsewhere, especially in the District Court’s bench opinion in the judgment now appealed. See Breyer v. Meissner, No.…