Julius Strupp v. John Foster Dulles, Secretary of State

LUMBARD, Circuit Judge.

The sole question presented by this appeal is whether Julius Strupp, who was in Argentina when he was denied an extension of his passport on the ground that he was not a national of the United States, could subsequently bring an action for declaratory judgment of United States nationality under § 360, Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1503, when he was physically within this country. We hold that he may maintain the action and accordingly reverse the order of dismissal below and remand for further proceedings.

Strupp, a native of Germany, alleges that…