Dulles

Chin Chuck Ming and Chin Chuck Sang, hereafter appellants, appeal from a judgment dismissing their petition under Section 503 of the Nationality Act of 1940 1 (formerly 8 U.S.C.A. § 903 , now 8 U.S.C.A. § 1503 ) on the ground, inter alia, stated by the district court, as follows :

We think the court erred in so construing this act for establishing a claimed existing citizenship. It ignores the provision of Section 503 that its rights are conferred alike on the litigant “whether he is within the United States or abroad”. It ignores the statement of the Supreme Court in Kwock Jan Fat v. White, 253 U.S. 454, 464 , 40 S.Ct. 566, 570 , 64 L.Ed. 1010 : “It is better that many Chinese immigrants should be improperly admitted than that one natural born citizen of the United States should be permanently excluded from his country.”

It also ignores our prior decision in Acheson v. Yee King Gee, 9 Cir., 184 F.2d 382 , where we considered and disposed of the claim of a Chinese born American citizen under Section 503.

The district court further held as a ground for dismissing the action:

Concerning this, it appears that before May 25, 1953, the appellants moved the court to substitute…

(dissenting).

I would affirm the judgment of the lower court.