In the case of Low Wah Suey v. Backus, Commissioner of Immigration in 1911, Low Wah Suey was a Chinese woman who claimed to be born in San Francisco and thus a U.S. citizen by birthright. She had traveled to China and upon her return to the United States, she was denied entry on grounds that she could not sufficiently prove her citizenship claim due to lack of witnesses or documentation confirming her birthplace as San Francisco. The Supreme Court ruled against Low Wah Suey stating that while physical resemblance might suggest American nativity for some races, it is not applicable for Chinese individuals due to their distinct racial characteristics which remain consistent whether they are born in America or China. Therefore, without substantial evidence proving otherwise such as credible witness testimonies or documents verifying place of birth; mere assertion cannot establish citizenship status.

The dissenting opinion in the case of Low Wah Suey v. Backus, Commissioner of Immigration, 1911, argued that the majority's decision to deny entry to a Chinese woman claiming American citizenship by birth was based on an overly strict interpretation of immigration laws and regulations. The dissenting justices believed that there were significant doubts about whether she had been given a fair opportunity to prove her claim before being denied admission into the country. They pointed out inconsistencies and discrepancies in how her case was handled compared with similar cases involving individuals from other countries who claimed U.S. citizenship by birthright but lacked proper documentation or witnesses to support their claims at ports of entry. Furthermore, they contended that denying someone born within U.S borders access back into their own country contradicted principles enshrined in both common law and constitutional law regarding nationality rights for those born on American soil.