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WAH v. SHAUGHNESSY

No. 261, Docket 21997.

190 F.2d 488 (1951)

WAH v. SHAUGHNESSY.

United States Court of Appeals, Second Circuit.

Decided June 26, 1951.

Attorney(s) appearing for the Case

William B. Cherevas, New York City, for plaintiff-appellant.

Irving H. Saypol, U. S. Atty. for the Southern Dist. of New York, New York City, for defendant-appellee, William J. Sexton, Asst. U. S. Atty., Louis Steinberg, Dist. Counsel, U. S. Dept. of justice, Immigration & Naturalization Service, and Lester Friedman, Atty., U. S. Dept. of Justice, Immigration & Naturalization Service, New York City, of counsel.

Before CHASE, CLARK and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The appellant is a native of China who entered this country as a seaman in November, 1921, and overstayed his leave by remaining here until July, 1947. He then obtained a United States passport by fraudulently representing that he was a native American and returned to China. Early in 1948 he sought to re-enter the United States at the Port of San Francisco as an American citizen and when it was shown that his passport was invalid he was excluded...

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