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SHUNG v. BROWNELL

No. 12117.

227 F.2d 40 (1955)

Tom We SHUNG, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 13, 1955.

Attorney(s) appearing for the Case

Mr. Jack Wasserman, Washington, D. C., with whom Mr. Andrew Reiner, was on the brief, for appellant.

Mr. Lewis Carroll, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., George E. Hamilton, III, Asst. U. S. Atty., and Albert E. Reitzel, Asst. Gen. Counsel, Immigration and Naturalization Service, were on the brief, for appellee.

Before EDGERTON, WILBUR K. MILLER, and FAHY, Circuit Judges.

EDGERTON, Circuit Judge.

Before the 1952 Immigration and Nationality Act1 was passed, the Attorney General ordered Tom We Shung excluded from the United States and Tom We Shung sought review under the Administrative Procedure Act [5 U.S.C.A. § 1001 et seq.] and a declaratory judgment. We decided against him on the merits. 93 U.S.App.D.C. 32, 207 F.2d 132. The Supreme Court, citing Heikkila v. Barber...

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