Friend
Friend v. Reno
Opinion
Lead Opinion
Hall, J.
The Attorney General appeals from the district court’s declaratory judgment holding that Horace Gozon Friend is a citizen of the United States. The district court had jurisdiction over this matter pursuant to 8 U.S.C. § 1503 (a). We have jurisdiction to review the decision of the district court pursuant to 28 U.S.C. § 1291 , and we reverse.
I.
The facts of this case are not in dispute. Horace Gozon Friend (“Friend”) was born in the Philippines on January 16, 1931, when the Philippines was a possession of the United States. His father, Horace B, Friend, was a U.S. citizen who had never left the Philippines before Friend’s birth. Under a statute then in force, section 1993 of the U.S. Revised Statutes, Friend’s father must have resided “in the United States” prior to his son’s birth in order to *640 transmit his U.S. citizenship to his son. See Rev. Stat. § 1993; Weedin v. Chin Bow, 274 U.S. 657, 675 , 47 S.Ct. 772 , 71 L.Ed. 1284 (1927). Friend has contended before various U.S. authorities that his father’s residence in the Philippines should qualify as residence “in the United States” within the meaning of section 1993.