Legal Opinion

In the Matter of Petition for Naturalization of Sergio Elejar Mendoza v. United States

Court of Appeals for the Ninth Circuit

Decided April 2, 1982No. 79-3478PublishedCited by 18 opinions

1Opinion of the Court

NORRIS, Circuit Judge:

The issue raised by this appeal is whether the district court abused its discretion in collaterally estopping the government from relitigating the constitutionality of the Attorney General’s decision to withdraw a naturalization examiner from the Philippines in 1945. We hold there was no abuse of discretion and affirm.

I

HISTORICAL BACKGROUND

The historical events giving rise to appellee Sergio Mendoza’s claim for naturalization are undisputed. In March, 1942, Congress amended the Nationality Act of 1940, Pub.L. No. 76-853, 54 Stat. 1137 (1940) to provide for the…

2Cases cited18 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Montana v. United StatesSupreme Court of the United States · 1979
  4. Commissioner v. SunnenSupreme Court of the United States · 1948
  5. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971

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3Cited by18 opinions

  1. United States v. MendozaSupreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. PangilinanSupreme Court of the United States · 1988
  3. In Re Peter Gottheiner, Bankrupt. United States of America v. Peter GottheinerCourt of Appeals for the Ninth Circuit · 1983
  4. Nevada Power Co. v. WattCourt of Appeals for the Tenth Circuit · 1983
  5. Andrija Artukovic v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1982

13 more not listed; retrieve them via the Exa API.

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