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CHAO CHIN CHEN v. MURFF

168 F.Supp. 349 (1958)

CHAO CHIN CHEN, also known as Charley Ah Chaw, A 11 087 742, Plaintiff, v. John L. MURFF, as District Director for the New York District, Immigration and Naturalization Service, United States Department of Justice, Defendant.

United States District Court S. D. New York.

December 2, 1958.

Attorney(s) appearing for the Case

Barry, Barry & Barry, Long Island City, N. Y., for plaintiff, by John J. Barry, Long Island City, N. Y., of counsel.

Arthur H. Christy, U. S. Atty., New York City, for defendant, by Roy Babitt, Special Asst. U. S. Atty., New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

Plaintiff, a native and citizen of the Chinese mainland, brought this action pursuant to the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq. to review the determination of the Attorney General that he is deportable to Hong Kong. He seeks an injunction restraining the defendant from executing an order and warrant for his deportation and a declaration that he is entitled to a hearing on the issue of his deportability to...

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