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UNITED STATES v. SHAUGHNESSY

104 F.Supp. 425 (1952)

UNITED STATES ex rel. SOO HOO CHEW YEE v. SHAUGHNESSY, District Director of the Immigration and Naturalization Service.

United States District Court S. D. New York.

April 26, 1952.

Attorney(s) appearing for the Case

Spar & Schlem, New York City, for relator.

Myles J. Lane, U. S. Atty., New York City, Lester Friedman, Attorney in the office of the District Counsel, Immigration and Naturalization Service, U. S. Department of Justice, New York City, for respondent.

IRVING R. KAUFMAN, District Judge.

Soo Hoo Chew Yee, relator, pursues the wrong remedy. He uses this habeas corpus proceeding as ancillary to his declaratory judgment action which, in accordance with the provisions of Section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903, he commenced in the District Court for the District of Columbia.

Relator claims derivative citizenship as the alleged son of Soo Hoo Fow, who was a citizen of the United States...

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