Fong Wone Jing, Fong Hung Wing and Fong Ngar Jing, by Their Guardian Ad Litem, William Y. Fong v. John Foster Dulles, as Secretary of State

On January 29, 1952, in the United States District Court for the Northern District of California, appellants, Fong Wone Jing, Fong Hung Wing and Fong Ngar Jing, by their guardian ad litem, William Y. Fong, instituted an action against Dean Aeheson, as Secretary of State of the United States, for a judgment declaring appellants to be nationals of the United States. The Secretary answered the complaint, a trial was had, and on February 18, 1953, a judgment was entered denying the relief sought by appellants. From that judgment his appeal was taken on February 26, 1953.

Jurisdiction of this action was conferred on the District Court by 8 U.S. C.A. § 903, which provided: “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…