Lew Moon Cheung v. William P. Rogers, as Attorney General of the United States

Lew Moon Cheung [appellant] instituted this action against the Attorney General of the United States for a judgment declaring him to be a national of the United States. Appellant claims citizenship pursuant to the provisions of Section 1993, Revised Statutes of the United States, as amended by Section 1 of the Act of May 24, 1934, 48 Stat. 797 .

• After trial without a jury judgment was entered for defendant [appellee]. Timely appeal from this judgment was filed, and this Court has jurisdiction to review the final decision of the district court under Title 28 U.S.C.A. §§ 1291 and 1294(1).

On this appeal appellant specifies as errors the admission of evidence pertaining to blood grouping tests, and the alleged failure of the district court to apply the proper standard of proof.

The facts of the case are not in dispute. Appellant was born on January 28, 1936, in China. He claimed his father to be Lew Shung, who was admitted to the United States as a citizen thereof on or about January 25, 1922, and his mother to be Chew Wai Ying, who married Lew Shung on March 21, 1929, and was admitted to the United States in 1951. The citizenship of Lew Shung has not been challenged. Appellant…