Cabebe

• Arcadio Cabebe was born in the Philippine Islands in 1910, lawfully entered the Territory of Hawaii in 1930 where he has resided ever since, and in 1949 petitioned the United States District Court for such Territory to have his status declared to be that of a national of the United States entitled to certain rights and privileges which he alleged had been wrongfully denied him. Section 503 of the Nationality Act of 1940 authorizes such suit. The district court ruled that Cabebe is an alien of the United States and thereupon denied the relief prayed for. 84 F.Supp. 639 . Cabebe appeals.

In 1949 appellant applied for the issuance of a United States passport permitting his entry into Guam. The application was denied on the single ground that by virtue of and since the July 4, 1946, Presidential proclamation of Philippine independence in pursuance of the Philippine Independence Act of 1934 as amended appellant became and is an alien of the United States and hence is not entitled to a United States passport. See 22 U.S.C.A. § 212 , which provides: “No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the…