Clemente Martinez Perez v. Herbert Brownell, Jr., Attorney General of the United States, Washington, D. C.

TOLIN, District Judge.

This is an action wherein appellant sought declaratory relief. 1 After trial, the District Court found against him. He has not attacked the evidence but contended in the trial Court, and insists here, that Congress was without power to enact the statute which has been invoked against him.

Briefly stated, the facts found by the District Court are that appellant was born in El Paso, Texas, March 17, 1909, and resided in the United States until 1919 or 1920 when his parents took him to Mexico.

In 1928 he was informed that he had been bom in Texas.

During World War II he…