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TSEUNG CHU v. CORNELL

No. 15344.

247 F.2d 929 (1957)

TSEUNG CHU, also known as Bow-Quong Chew, also known as Tseung Bowquong Chew, also known as Thomas Bowquong Chew, Appellant, v. Gordon L. CORNELL, Acting Officer in Charge of United States Department of Justice, Immigration and Naturalization Service at Los Angeles, California, Appellee.

United States Court of Appeals Ninth Circuit.

Concurring Opinion September 12, 1957.

Attorney(s) appearing for the Case

Francis C. Whelan, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., James R. Dooley, Burton C. Jacobson and Richard A. Lavine, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and WALSH, District Judge.

BARNES, Circuit Judge.

By this action, plaintiff, an alien, sought a judicial declaration in the District Court that an order of deportation issued by the United States Department of Justice, Immigration and Naturalization Service, was invalid. Plaintiff prayed for declaratory relief, and for an injunction restraining the execution of said order of deportation, alleging that appellant had exhausted his administrative remedies. The District Court1...

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