Wong Gong Fay v. Herbert W. Brownell, Jr., Attorney General of the United States

Appellant brought an action in the District Court of the Northern District of California, Southern Division, seeking a judgment declaring him to be a national of the United States.

After trial duly had the District Court denied Appellant the relief prayed for and made a finding of fact reading as follows:

This finding is in identical language (save and except the name of the Appellant) with the findings made in the case of Ly Shew v. Dulles, 9 Cir., 219 F.2d 413 and Chow Sing v. Brownell, 9 Cir., 217 F.2d 140 .

In Ly Shew and Chow Sing this Court held that it appeared that the District Court proceeded on the theory that the burden of proof resting on the appellants in those cases “was different from and heavier than the ordinary burden of proof resting on plaintiffs in civil actions —a theory which was and is untenable.” In the said cases the judgments were vacated and the cases remanded with instructions to make findings in the light of the opinions of this Court in said cases.

The judgment in the Ly Shew case was rendered February 18, 1953 and in the Chow Sing case on February 19, 1953— and the judgment in the instant case was rendered May 22, 1953. No action had been taken…