Lau Ah Yew v. John Foster Dulles, Secretary of State of the United States of America

Seeking a judicial declaration that he is a national of the United States, Lau Ah Yew brought this action pursuant to § 503 of the Nationality Act of 1940. The Government answered, denying the basic allegations of the complaint, and advancing additional defenses. After a trial without a jury, judgment was entered for the Government. Lau Ah Yew appeals.

The first question presented is whether, in finding that appellant had not proved his case, the trial court applied the correct standard of proof.

Contending that an incorrect standard of proof was applied, appellant points to language used in the decision orally announced from the bench. The trial court there said that this is an “exclusion” case. Appellant argues that the standard of proof required of a plaintiff in an exclusion case is to show “without doubt” that he is a citizen, and that this is a heavier burden than a plaintiff must carry in a case of the kind now before us.

The trial court referred to this as an “exclusion” case only for the purpose of indicating that, unlike deportation cases, the person claiming citizenship here has the burden of proof. The court was not there speaking of the standard of proof to be…