Chin Chuck Ming v. Dulles

225 F.2d 849 CHIN CHUCK MING and Chin Chuck Sang, by Their Next Friend and Father, Chin Ah Poy, Appellants, v. John Foster DULLES, Secretary of State of the United States of America, Appellee. No. 13963. United States Court of Appeals Ninth Circuit. Sept. 6, 1955. Joseph & Powers, James P. Powers, Portland, Or., J. P. Sanderson, Seattle, Wash., Rodney W. Banks, Portland, Or., for appellants. C. E. Luckey, U.S. Atty., Victor E. Harr, Asst. U.S. Atty., Portland, Or., for appellee. Before DENMAN, Chief Judge, and HEALY and BONE, Circuit Judges. DENMAN, Chief Judge. 1 Chin Chuck Ming and Chin Chuck Sang, hereafter appellants, appeal from a judgment dismissing their petition under Section 503 of the Nationality Act of 1940 1 (formerly 8 U.S.C.A. 903, now 8 U.S.C.A. 1503) on the ground, inter alia, stated by the district court, as follows: 2 'That the Congress in enacting Section 903, Title 8, U.S.C.A., never intended that individuals asserting claims such as that asserted by plaintiffs herein, who have lived their lives as Chinese and who have never been in the United States, have the status and right to avail themselves of Section 903, Title 8, U.S.C.A.' 3 We think the court erred…