UNITED STATES v. SHAUGHNESSY

No. 121, Docket 23298.

218 F.2d 316 (1954)

UNITED STATES of America ex rel. LEONG CHOY MOON, Relator-Appellant, v. Edward J. SHAUGHNESSY, District Director of the Immigration and Naturalization Service for the District of New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 23, 1954.


Attorney(s) appearing for the Case

Spar, Schlem & Burroughs, New York City (Charles Spar, New York City, of counsel), for relator-appellant.

J. Edward Lumbard, U. S. Atty. for Southern Dist. of N. Y., New York City (Matthew A. Campbell, Asst. U. S. Atty., New York City, and Lester Friedman, Attorney, Immigration and Naturalization Service, United States Department of Justice, of counsel), for respondent-appellee.

Before CLARK, Chief Judge, and FRANK and HARLAN, Circuit Judges.


HARLAN, Circuit Judge.

The appellant is an admittedly deportable alien.1 After a warrant of deportation had been issued directing his deportation to the mainland of China, which is under the control of the Chinese Communist Government, the appellant applied to the Attorney General for a stay of deportation on the ground that if deported to that country he would be subjected to physical persecution. That application was made under §...

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