Shew

In accordance with the mandate of the Court of Appeals I have re-examined the record of trial, and without consideration of the record before the Immigration Service, made Findings of Fact in accordance with the preponderance of the evidence.

At the close of all the evidence at the trial on May 9, 1951, without consideration of the record before the Immigration Service, I found that based on the preponderance of the evidence, petitioner was not entitled to the relief prayed for. I have continuously adhered to that view. It is my duty to, and I have, complied with the Appellate Court’s mandate, although it appears to me that it directs me to do that which I have long since done.

In accordance with that mandate, the Court makes the following Findings of Fact and Conclusions of Law:

I.

That the plaintiff, Lee Shew, was born in China.

II.

That the plaintiff first arrived in the United States at San Francisco, California, on March 11, 1949, at which time he applied for admission under the provisions of 8 U.S.C.A. § 601 (c), 1 Section 1993, U.S.R.S. as a citizen of the United States, to wit: as the foreign-born son of Lee Fook Chung, an American citizen.

III.

That the plaintiff…