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

Appellant, Wong Gong Fay, in October, 1951, brought an action in the District Court seeking a judgment declaring him to be a national of the United States. Upon trial the District Court denied plaintiff-appellant relief upon grounds that this court, following its own cases of Ly Shew v. Dulles, 9 Cir., 219 F.2d 413 , and Chow Sing v. Brownell, 9 Cir., 217 F.2d 140 , held to be not the correct standard of proof. We, therefore, vacated the judgment “with directions to make findings as to whether Wong Hie is the father of Wong Gong Fay, such findings to be made in the light of the decisions of this court, supra, and thereupon enter such judgment as may be proper.” Wong Gong Fay v. Brownell, 9 Cir., 224 F.2d 717, 718 .

The district judge upon return of our mandate made new findings of fact and conclusions of law in which was stated that originally the District Court had found upon the ordinary burden of proof of plaintiffs in civil actions, that Wong Gong Fay was not entitled to the relief requested. The trial judge further found that he adhered to his original view but in accordance with the mandate of this court he would make new findings. The trial judge accordingly made findings…