Chow Sing, by His Guardian Ad Litem, Chow Yit Quong v. Herbert Brownell, Jr., as Attorney General of the United States

Chow Sing appeals from a judgment of the District Court in a declaratory judgment suit denying his claim to be declared an American citizen as the son of Chow Yit Quong, admittedly an American citizen. The grounds of his appeal are (A) that the District Court applied the wrong burden of proof and (B) that even assuming the court construed the evidence under the usual burden of proof in civil cases, it erred in holding that the burden had not been satisfied.

This case was tried in December, 1952, and a first judgment rendered on February 17, 1953. This court reversed, 217 F.2d 140 , holding the District Court had considered the facts on an excessive burden of proof, that is, by clear and convincing evidence. It vacated the judgment and ordered the court to determine whether Chow Sing had proved he was the son of Chow Yit Quong applying the ordinary burden of proof in civil cases, that is, whether the preponderance of the evidence supports the petitioner’s contention. The District Court had made the same ruling in the case of Ly Shew v. Dulles, also reversed and remanded. 9 Cir., 219 F.2d 413 . Both cases were considered at the hearing by the District Court.

(A) The District Court…