Chew Wing Luk v. John Foster Dulles, as United States Secretary of State

Appellant appeared before the American Consul General in Hong Kong on February 2, 1951, and presented his application as an American citizen for a passport to the United States. In that application appellant claimed to be a citizen of the United States through one Chew Tai Kam, a native born citizen of the United States, whom applicant claimed was his father. In an affidavit attached to the application appellant stated that he had an aunt residing in the United States, by the name of Chew Fong Shew. The American Consul General in Hong Kong denied appellant’s application for passport. On June 28, 1951, complaint was filed on appellant’s behalf by his next friend Chew Fong Shew, setting forth the same allegations that were before the Consul General, praying for a judicial declaration of appellant’s citizenship. On November 6, 1951 appellant secured a certificate of identity from the appellee for the sole purpose of allowing him to come to the United States to prosecute his action pursuant to Section 503 of the Nationality Act of 1940 ( 8 U.S.C. Sec. 903 ). The certificate was granted on the ground that appellant’s application set forth a ■“substantial basis” for his claim of…