Acheson, Secretary of State of United States v. Yee King Gee

This is an appeal by the Secretary of State from a judgment of the District Court for the Western District of Washington declaring appellee to be a national of the United States.

Appellee is a minor. The suit was brought by his father, Yee Don Found, as next friend, under the provisions of § 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 , providing in part: “If any person who claims a right or privilege as a national of the United States is denied such right or privilege by any Department or agency, or executive official thereof, upon the ground that he is not a national of the United States, such person, regardless of whether he is within the United States or abroad, may institute an action against the head of such Department or agency in the District Court of the United States for the District of Columbia or in the district court of the United States for the district in which such person claims a permanent residence for a judgment declaring him to be a national of the United States. * * *«

Another provision of the 1940 Act should have preliminary notice, namely, § 201(g), 8 U.S.C.A. § 601 (g). This statute so far as here material provides:

“The following shall be…