Lee Shew v. Honorable Herbert Brownell, Jr., as Attorney General

Lee Shew appeals from a judgment in a proceeding under 8 U.S.C. § 903 holding he is not the son of a claimed father, a Chinese descended American citizen, and denying him relief. He contends that irrelevant and prejudicial evidence was admitted and that the court applied a wrong burden of proof which require a reversal and that this court should declare that he is a United States national.

The court decided the case on a requirement of an excessive burden of proof. In the finding of fact and conclusions of law the court stated:

No authority for the burden of proof of a criminal case is cited by the court and the appellee’s brief practically admits it is error to require it. Appellee points out that the court stated in the course of the trial that there was not sufficient evidence to satisfy the ordinary burden of proof. This was on May 9, 1951. However, after the consideration of the case in the succeeding two weeks to May 23, 1951, when he lodged his findings, the court felt required to base his decision on the burden of criminal cases. That the ordinary burden is applicable this court holds in Mar Gong v. Brownell, 9 Cir., 209 F.2d 448 .

On December 10, over several months…