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NAMKUNG v. BOYD

No. 14459.

226 F.2d 385 (1955)

Johsel NAMKUNG, Appellant, v. John P. BOYD, District Director of Immigration and Naturalization at the Port of Seattle, State of Washington, Appellee.

United States Court of Appeals Ninth Circuit.

October 14, 1955.

Attorney(s) appearing for the Case

MacDonald, Hoague & Bayless, Kenneth A. MacDonald, Seattle, Wash., for appellant.

Charles P. Moriarty, U. S. Atty., John W. Keane, F. N. Cushman, Asst. U. S. Attys., for appellee.

Before STEPHENS, HEALY, and FEE, Circuit Judges.

STEPHENS, Circuit Judge.

Johsel Namkung, a native and citizen of Korea, was ordered deported from the United States to Korea after an administrative hearing in which it was found that at the time of his entry into the United States he was an alien affiliated with the Communist Party of the United States. Namkung does not question the regularity and validity of the deportation order. He does, however, claim that if deported to Korea he will be physically

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