Gonzalez-Gomez v. Brownell

BYRNE, District Judge.

Gomez seeks a declaration of United States nationality under the provisions of section 1503, Title 8 U.S.C.A., which provides that no action may be instituted under the section if the issue of the petitioner’s status as a national arose in connection with any exclusion proceeding.

The respondent moved to dismiss the petition and filed an affidavit asserting that Gomez’ status arose in an exclusion proceeding in which he was excluded from entry into the United States on April 7, 1948 and again on July 14, 1950.

The petitioner does not dispute the fact that his status as a…