Young Ah Chor v. John Foster Dulles, Secretary of State of the United States of America

Appellant and one Young Ah Kwai were born in Sun Mung Tung Village, China. In 1951 they applied for United States passports from the American Consul at Hong Kong, British Crown Colony, where they resided at the time of the applications, although both claimed the Territory of Hawaii as their permanent residence. The applications were denied. Thereafter they instituted an action in the United States District Court of Hawaii, under Section 503 of the Immigration and Naturalization Act of 1940 (Section 903, Title 8 U.S.C.A. ), for decrees adjudging them to be citizens of the United States. They both claimed to be sons of Young Yick, who was declared to be a national of the United States by the United States District Court for the District of Hawaii on May 6, 1950. During the trial the district judge took judicial notice of such judgment, but stated in his oral opinion that were he free to reexamine the citizenship of Young Yick he would be disposed to reach a different conclusion from that reached by the court in 1950. The judgment states “ * * * Young Yick is a national of the United States by virtue of his birth at Palama, Oahu, Territory of Hawaii, on or about April 11, 1895.”

The…