WONG HONG NEE v. BARBER

No. 35178.

144 F.Supp. 947 (1956)

WONG HONG NEE, Plaintiff, v. Bruce G. BARBER, as District Director of Immigration and Naturalization Service, San Francisco, and David H. Carnahan, as Regional Commissioner of the Immigration and Naturalization Service, Defendants.

United States District Court N. D. California, S. D.

July 20, 1956.


Attorney(s) appearing for the Case

Harold D. Kline, San Francisco, for plaintiff.

Lloyd Burke, U. S. Atty., San Francisco, for defendant.


EDWARD P. MURPHY, District Judge.

This is a motion for summary judgment in a declaratory judgment action by plaintiff, an alien seaman, that he is entitled to the benefits of the Refugee Relief Act of 1953, 50 U.S.C.A.Appendix, § 1971d. The issue is whether the plaintiff was "physically present in the United States" on August 7, 1953, the date provided in the statute. 50 U.S.C.A.Appendix, § 1971d.

The...

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