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CHENG CHAN CHU v. SHAUGHNESSY

127 F.Supp. 681 (1955)

In the matter of the petition for review of CHENG CHAN CHU also sometimes referred to as Chin Gee, Chang Sang and Chung Jom Ku, Petitioner, v. Edward J. SHAUGHNESSY, as District Director of Immigration and Naturalization for the District of New York, Respondent.

United States District Court, S. D. New York.

January 14, 1955.

Attorney(s) appearing for the Case

Harry D. Mencher, New York City, for petitioner.

J. Edward Lumbard, U. S. Atty. for Southern Dist. of N. Y., New York City, J. Donald McNamara, Asst. U. S. Atty., New York City, of counsel, for respondent.

DAWSON, District Judge.

Petitioner moves for a temporary injunction restraining his deportation pending a determination by this Court of a petition to review the deportation proceedings. Respondent cross-moves pursuant to Rule 12(b), 28 U.S.C.A., to dismiss the petition on the ground that it fails to state a claim upon which relief can be granted.

It appears from the papers submitted on the motion that the following material facts exist without substantial...

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