Lee Mon Hong v. McGranery

This is an action brought under Section 503 of the Nationality Act of 1940, 8 U.S. C.A. § 903, by which Lee Gum Shilk, a minor, (hereinafter referred to as “plaintiff”) seeks a judgment of this court declaring him to be a national of the United States.

Plaintiff claims to have been born in Gor On Village, Toyshan District, China, on February 11, 1935, the lawful blood son of Lee Mon Hong.

It appears from the record that plaintiff arrived at the port of San Francisco on January 17, 1951; that after a hearing before the Immigration authorities, at which plaintiff was represented by counsel, his application for admission was denied; and that this ruling was appealed and the .appeal dismissed. It further appears that the defendant concedes the United States citizenship of Lee Mon Hong, the alleged father; that Lee Mon Hong was in China during the period which would make paternity possible and entered the United States several months before plaintiff’s alleged birth date; that at the time of his entry he informed the Immigration authorities that he had a wife and two sons living in Gor On Village and that his wife was then six or seven months pregnant; that the results of blood tests…