Mar Gong v. Brownell, Atty. Gen

This is an appeal from a judgment for the appellee, 109 F.Supp. 821 , in an action brought by the appellant under the provisions of § 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903 (repealed by the Immigration and Nationality Act of June 27, 1952, § 403.) Plaintiff’s complaint asserted that he was a citizen of the United States because he was the son of Mar Kwoek Tong, an American citizen who has lived and resided in the United States since 1924.

There is no question of the citizenship of Mar Kwock Tong; his father had been a natural born citizen of the United States, and he himself was admitted to the United States in 1924. He and his wife both testified that they were married in China in 1918; that their first son was born in 1919 and that appellant was their second son born to them after the father first came to the United States. The appellant himself testified that he was born at a certain village in China on September 13, 1924; that Mar Kwock Tong was his father, and Chin Poy Sue was his mother; that the alleged parents lived together in the village where the plaintiff was born until the time of the father’s departure for the United States in 1924; that the father…