United States v. Kwai Tim Tom

DENMAN, Chief Judge.

The United States appeals from a judgment of the United States District Court of Hawaii admitting Kwai to citizenship under 8 U.S.C.A. § 711 1 as an alien in Hawaii more than two years there married to an American citizen, facts not questioned here.

The ground of the Government’s appeal is that Kwai, an alien Chinese, is not a person lawfully admitted to permanent residence in the United States and hence under the provisions of 8 U.S.C. § 729(c) 2 cannot Ibe naturalized.

The question here is whether Kwai’s father at the time of Kwai’s entry into the United States was an…