Wong Ho, as Guardian Ad Litem of Wong Kwok Wei v. John Foster Dulles, as Secretary of State
Opinion
Opinion
Barnes, J.
This appeal involves one of two plaintiffs who jointly filed an action below for a declaratory judgment of United States citizenship. Wong Kwok Keung, one of the two alleged foreign-born sons of Wong Ho, an American citizen of Chinese ancestry, won his case; the second Wong Kwok Wei, lost his case. Hence, the latter, sometimes hereinafter referred to as Wei, appeals.
The joint action was tried in the court below without a jury. Timely appeal was filed. This court has jurisdiction. 28 U.S.C. § 1291 .
The facts are not complicated, but need some exposition. The alleged father, Wong Ho, is undisputably a United States citizen who lawfully resided in the United States prior to the birth of appellant, whether that birth took place in 1935, as appellant claims, or closer to 1941, as the Government claims. Appellant claims to have been born in China on April 30, 1935. If appellant was born in 1941, or thereabouts, Wong Ho could not have been his father. It was stipulated at the trial that Wong Ho remained in the United States at all times after his initial entry in 1914, except from December 10, 1921 to December 14, 1923, and from May 30, 1934 to June 23, 1937.