Tin Mew Lee v. Dulles, Civ. No. 1570.
Citation | 155 F. Supp. 708 |
Decision Date | 15 November 1957 |
Docket Number | Civ. No. 1570. |
Parties | TIN MEW LEE, Plaintiff, v. John Foster DULLES, Secretary of State of the United States of America, Defendant. |
Court | U.S. District Court — District of Hawaii |
N. W. Y. Char, Honolulu, Hawaii, for plaintiff.
Louis B. Blissard, U. S. Atty., by Charles B. Dwight, III, Asst. U. S. Atty., Honolulu, Hawaii, for defendant.
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, with an identifying witness, filed an application for a passport with an authorized agent of the Department of State; that he informed the agent that he was denied a "certificate of citizen—Hawaiian Islands; and that he had no further evidence to produce * * *." Plaintiff then alleges a conclusion that on June 27, 1957, his application for a passport was denied upon the ground that he was not a national of the United States. Attached to his pleading, as Exhibit "A", is the alleged "denial."
Exhibit "A" is a letter, dated June 27, 1957, from the Director of the Department of State Passport Office, addressed to plaintiff's attorney and it reads:
Implicit in the requirements of § 1503(a) is the condition that a complaint must aver facts from which it...
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Walker v. Tillerson
...Md. 2012) (same). Section 1503 is not a mechanism to bypass the regulations governing passport applications. See Tin Mew Lee v. Dulles, 155 F. Supp. 708, 710 (D. Haw. 1957) (granting motion to dismiss where plaintiff was "attempting to sidestep the regulations which are binding upon all cit......