SHIO HAN SUN v. BARBER

No. 35177.

144 F.Supp. 850 (1956)

SHIO HAN SUN, 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

Fallon & Hargreaves, San Francisco, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for defendants.


EDWARD P. MURPHY, District Judge.

These are cross-motions for summary judgment on a declaratory judgment action under 28 U.S.C. § 2201 and an action for review under 5 U.S.C.A. § 1001.

The issue is whether an alien serving aboard an American merchant vessel on the high seas is "physically present in the United States" on the statutory date, August 7, 1953, within the meaning of Section 6 of the Refugee Relief Act of 1953, 50 U.S.C.A.Appendix, §...

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