Legal Opinion

Tin Mew Lee v. Dulles

District Court, D. Hawaii

Decided November 15, 1957No. Civ. No. 1570Published

1Opinion of the Court

WIIG, District Judge.

Plaintiff seeks a judgment declaring him to be a citizen or national of the United States. Jurisdiction for such relief is based on § 360 Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1503(a). Defendant has moved to dismiss the amended complaint on the ground that it fails to state a claim upon which relief can be granted.

In his amended complaint, plaintiff alleges that he is a native-born citizen of the United States, and that as such he is entitled to have a passport issued to him by the Department of State. It is further alleged that on May 5, 1957, plaintiff,…

2Cases cited4 opinions

  1. United States v. Peabody Co.Court of Appeals for the Sixth Circuit · 1939
  2. Arturo Fletes-Mora v. Herbert Brownell, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 1955
  3. Dulles v. Lee Gnan LungCourt of Appeals for the Ninth Circuit · 1954
  4. Ling Share Yee v. Acheson, Secretary of StateCourt of Appeals for the Third Circuit · 1954

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