Jew May Lune, by Guardian Ad Litem Jew Doo Lee v. John Foster Dulles, as Secretary of State

Jew May Lune filed petition to establish her status as a national of the United States on December 23, 1952, pursuant to 8 U.S.C.A. § 903 . She alleged she was the legitimate daughter of a citizen of the United States. It was set up that petitioner made application for an American passport to the American Consulate General at Hong Kong, China, which refused issuance. It is then claimed that she has thus been denied rights and privileges of a national of the United States on the ground that she is not a national. An answer, which contained a general denial and a further and separate defense that the complaint does not state a claim, was filed February 26, 1953.

A motion to dismiss was filed on the ground that there was no such denial and that petitioner had not exhausted her administrative remedies. There was attached to this motion the document set out in the margin. There was no trial, but only a hearing on the motion, at which time the trial court purported to receive and consider the exhibit. Based thereon, it appeared to the court that petitioner had not been denied a right or privilege as a national by defendant on the ground that petitioner was not a national and it further…