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UNITED STATES v. SHAUGHNESSY

No. 283, Docket 21385.

176 F.2d 249 (1949)

UNITED STATES ex rel. CHU LEUNG v. SHAUGHNESSY.

United States Court of Appeals Second Circuit.

Decided July 19, 1949.

Attorney(s) appearing for the Case

Samuel B. Wasserman, New York City, for appellant.

Harold J. Raby, Asst. U. S. Atty., New York City (John F. X. McGohey, U. S. Atty., New York City, on the brief), for appellee.

Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.

SMITH, District Judge.

Appellant, a Chinese who had had long residence in the United States, returned to the United States in 1948 after a visit to China. He held a United States passport and claimed citizenship by birth. On arrival in New York he was given a hearing before a Board of Special Inquiry of the Immigration and Naturalization Service and was ordered excluded as an alien not in possession of an unexpired immigration

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