United States v. Dietz

GOODMAN, District Judge.

This is an action to revoke defendant’s citizenship pursuant to the provisions of § 338 of the Nationality Act of 1940, 54 Stat. 1158, 8 U.S.C.A. § 738.

Defendant has moved to dismiss, claiming lack of jurisdiction in this Court for the reasons:(1) That the action should have been brought in the Superior Court of the State of California, County of San Mateo, where defendant was naturalized November 28, 1939.(2) That § 338 is “ex post facto” and not here invocable.

The Nationality Act of 1940 was a codification of previous statutes relating to Naturalization. Codification…