Ling Share Yee v. Acheson, Secretary of State
LING SHARE YEE Et Al. v. ACHESON, Secretary of State
Opinion
PER CURIAM.
This is an appeal by the plaintiffs from the dismissal of their complaint seeking a declaration of the status of the minor plaintiff as a citizen of the United States under section 503 of the Nationality Act of 1940, 54 Stat. 1171 . It appeared from the complaint that the minor plaintiff had applied to the American Consul at Hong Kong for travel documents for the purpose of being admitted to the United States as a citizen and that such documents had not been issued. The report of the Consul, however, showed that the application had not been denied but that action thereon was being withheld pending the production of additional evidence which had been requested but had not yet been produced. The district court concluded that there had not been a denial by the Consul of a right or privilege of the minor plaintiff as a national of the United States within the meaning of section 503 of the Nationality Act and it accordingly dismissed the complaint for want of jurisdiction.
We are satisfied that the district court was right in so holding. For it is perfectly clear that there had been no final’ administrative action on the minor plaintiff’s application. The delay in acting on the application did not amount ,to a denial of it since the delay was attributable to the neglect of the plaintiffs to furnish the Consul with the additional evidence which he had requested. So far as the record shows they neither furnished these additional proofs nor notified the Consul that they did not intend to do so.
The judgment of the district court will be affirmed.
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Cited by 5 cases
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- Yong Hong Keung ex rel. Yong Lim v. Dulles
- Wong Ark Kit v. Dulles
- Yung Jin Teung ex rel. Yung Quock Kew v. Dulles
- Yung Jin Teung, as Father and Next Friend of Yung Quock Kew, a Minor, and Yung Quock Kew v. John Foster Dulles, as Secretary of State of the United States of America, Yee Yin, as Father and Next Friend of Yee Fook, and Yee Fook v. John Foster Dulles, as Secretary of State of the United States of America, Gong Gen Duck, as Brother and Next Friend of Gong Gen Ning, and Gong Gen Ning v. John Foster Dulles, as Secretary of State of the United States of America, Fong Yet Ying, as Father and Next Friend of Fong King Gim, and Fong King Gim v. John Foster Dulles, as Secretary of State of the United States of America, Mar Lin, as Father and Next Friend of Mar Ngew, a Minor, and Mar Ngew v. John Foster Dulles, as Secretary of State of the United States of America, Ngai Sheung Suey, as Brother and Next Friend of Ngai Sheung Foon, and Ngai Sheung Foon v. John Foster Dulles, as Secretary of State of the United States of America, Hom Ung, as Father and Next Friend of Hom Foon Yee, and Hom Foon Yee v. John Foster Dulles, as Secretary of State of the United States of America, Woon You Koon, as Brother and Next Friend of Woon You Kee, and Woon You Kee v. John Foster Dulles, as Secretary of State of the United States of America, Wong Kim Leong, as Father and Next Friend of Wong Seng Lim, Wong Goon Ngew and Wong Yook Min, and Wong Seng Lim, Wong Goon Ngew and Wong Yook Min v. John Foster Dulles, as Secretary of State of the United States of America, Wong Fook, as Father and Next Friend of Wong Shee Tong and Wong Shee Fong, and Wong Shee Tong and Wong Shee Fong v. John Foster Dulles, as Secretary of State of the United States of America
- Tin Mew Lee v. Dulles
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- Tin Mew Lee v. Dulles
- Yung Jin Teung, as Father and Next Friend of Yung Quock Kew, a Minor, and Yung Quock Kew v. John Foster Dulles, as Secretary of State of the United States of America, Yee Yin, as Father and Next Friend of Yee Fook, and Yee Fook v. John Foster Dulles, as Secretary of State of the United States of America, Gong Gen Duck, as Brother and Next Friend of Gong Gen Ning, and Gong Gen Ning v. John Foster Dulles, as Secretary of State of the United States of America, Fong Yet Ying, as Father and Next Friend of Fong King Gim, and Fong King Gim v. John Foster Dulles, as Secretary of State of the United States of America, Mar Lin, as Father and Next Friend of Mar Ngew, a Minor, and Mar Ngew v. John Foster Dulles, as Secretary of State of the United States of America, Ngai Sheung Suey, as Brother and Next Friend of Ngai Sheung Foon, and Ngai Sheung Foon v. John Foster Dulles, as Secretary of State of the United States of America, Hom Ung, as Father and Next Friend of Hom Foon Yee, and Hom Foon Yee v. John Foster Dulles, as Secretary of State of the United States of America, Woon You Koon, as Brother and Next Friend of Woon You Kee, and Woon You Kee v. John Foster Dulles, as Secretary of State of the United States of America, Wong Kim Leong, as Father and Next Friend of Wong Seng Lim, Wong Goon Ngew and Wong Yook Min, and Wong Seng Lim, Wong Goon Ngew and Wong Yook Min v. John Foster Dulles, as Secretary of State of the United States of America, Wong Fook, as Father and Next Friend of Wong Shee Tong and Wong Shee Fong, and Wong Shee Tong and Wong Shee Fong v. John Foster Dulles, as Secretary of State of the United States of America
- Yung Jin Teung ex rel. Yung Quock Kew v. Dulles
- Wong Ark Kit v. Dulles
- Yong Hong Keung ex rel. Yong Lim v. Dulles
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