Foo would be sixteen on August 5, 1951, and it was requested that his application for passport be expedited. Formal passport applications were executed on May 11, 1951. On June 25, 1951, plaintiffs were called in by the American Consul in Hong Kong for an interview. Passport applications were disapproved on June 29, 1951, upon the ground that "the claims to identity were fraudulent." Subsequently, on November 28, 1951, the instant complaint was filed.


5
The District Court found that "Plaintiffs are the blood sons of Lee You Fon and Wong Shee, also known as Wong Sun Gock," that "Lee You Fon is and was a citizen of the United States at birth and resided in the United States prior to the birth of the plaintiffs," and "That the plaintiffLee Wing Foo made diligent efforts to return to the United States prior to his sixteenth birthday and was prevented from returning by reason of the failure of the defendant to issue travel documents to him." The court concluded as a matter of law that "This Court has jurisdiction of this cause under Section 503 of the Nationality Act of 1940 (8 U.S.C. § 903) and under the Declaratory Judgment Act (28 U.S.C. 2201)," "That the plaintiffs were citizens of the United States at birth pursuant to Revised Statutes, Section 1993 (2 Stat. 153), and the Act of May 24, 1934 (48 Stat. 797)," and "That the plaintiff, Lee Wing Foo, did not lose his American citizenship by failure to return to the United States prior to his