Legal Opinion

Florentine v. Landon, District Director of Immigration and Naturalization

Court of Appeals for the Ninth Circuit

Decided August 27, 1953No. 13730PublishedCited by 11 opinions

1Opinion of the Court

DENMAN, Chief Judge.

This is an appeal from an order of the United States District Court for the Southern District of California, discharging a writ of habeas corpus.

The question raised by this appeal is whether one who is claiming to be a United States citizen must first exhaust his administrative remedies in deportation proceedings before the question of citizenship may be raised by habeas corpus.

The allegations of the pleadings reveal that Florentine was born on March 18, 1911, in Los Angeles, California. The Director claims that Florentine expatriated himself under Section 401 (j) of the Na*871…

2Cases cited4 opinions

  1. McGrath v. KristensenSupreme Court of the United States · 1950
  2. United States v. Sing Tuck or King Do & Thirty-OneSupreme Court of the United States · 1904
  3. United States Ex Rel. Russo v. Thompson, WardenCourt of Appeals for the Second Circuit · 1951
  4. United States ex rel. Zdunic v. UhlCourt of Appeals for the Second Circuit · 1944

3Cited by11 opinions

  1. Jose Siaba-Fernandez v. George K. Rosenberg, District Director of Immigration and NaturalizationCourt of Appeals for the Ninth Circuit · 1962
  2. In re ArgyrosDistrict Court, S.D. New York · 1965
  3. Haymes v. LandonDistrict Court, S.D. California · 1953
  4. Ng Yip Lee v. BarberCourt of Appeals for the Ninth Circuit · 1954
  5. In re WingDistrict Court, N.D. California · 1954

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