Chow Sing, by His Guardian Ad Litem, Chow Yit Quong v. Herbert Brownell, Jr., as Attorney General of the United States

On or before August 17, 1951, the United States District Court for the Northern District of California appointed Chow Yit Quong as guardian ad litem of a boy who called himself and claimed to be Chow Sing and is hereafter called Sing. On August 17, 1951, Sing, by his guardian ad litem, instituted an action in the District Court against J. Howard McGrath, as Attorney General of the United States for a judgment declaring Sing to be a national of the United States. The Attorney General answered the complaint, a trial was had, findings of fact and conclusions of law were stated, and on February 19,1953, a judgment was entered denying the relief sought by Sing. From that judgment this appeal was taken on February 26, 1953.

Jurisdiction of the 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…