Wong

Plaintiff Moon S. Wong, the son of a native of this country, was admitted as a citizen on May 21, 1928. His citizenship has never been questioned since his admission, nor is it now challenged. In 1948 he was judicially declared mentally incompetent and is now a patient at Sawtelle Hospital in the care of the Veteran’s Administration of the United States. His brother Kenneth Wong is the guardian of his person under appointment of the Superior Court of the State of California in and for the County of Los Angeles.

The plaintiff’s wife is a native and citizen of China. On September 12, 1956, Kenneth Wong as guardian of the plaintiff filed a visa petition seekingnonquota immigrant status under 8 U.S. C.A. § 1155, on behalf of the plaintiff’s wife.

The District Director of Immigration and Naturalization denied the petition on the ground that the guardian of a mentally incompetent person is not the proper party to execute a petition. The Board of Immigration Appeals dismissed plaintiff’s appeal which exhausted his administrative remedies. He is here seeking judicial review of the agency action under the provisions of 5 U.S.C.A. § 1009 .

The procedure for granting nonquota status or…