Wong Ken Foon as Guardian Ad Litem for Wong Hing Goon v. Herbert Brownell, Jr., Attorney General of the United States
Opinion
Opinion
Stephens, J.
A young man, a Chinese born in China, seeks through § 503 of the National Security Act of 1940, 8 U.S.C. § 903 , to be declared a citizen of the United States claiming to be the son of Wong Ken Foon, a United States citizen, who brought the action as guardian ad litem. The District Court denied the relief sought and this appeal followed.
It appears that the young man arrived at the American shores for admission to the United States, January 18, 1952 and was held by the Immigration and Naturalization Service pending determination of his status. A hearing was had on February 15, 1952 before a Board of Special Inquiry which held against the applicant’s admission as a United States citizen. Thereafter, the instant action was instituted. The appellant young man presented two witnesses in addition to himself and the alleged father; and if the evidence is to be believed the young man should have been declared a United States citizen. The defendant offered no witnesses. The defense, however, introduced certain immigration records and transcripts of proceedings of the Board of Special Inquiry and other proceedings which incorporated questions and answers of a preliminary hearing in…