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UNITED STATES v. MURFF

No. 138, Docket 25304.

264 F.2d 926 (1959)

UNITED STATES of America ex rel. TOM MAN, also known as Tom Gin Sing, Relator-Appellee, v. John L. MURFF, as District Director of the Immigration and Naturalization Service of the United States Department of Justice for the District of New York, or such person, if any, who might have said relator in custody, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 3, 1959.

Attorney(s) appearing for the Case

Roy Babitt, Arthur H. Christy, U. S. Atty. for the Southern Dist. of New York, New York City, for respondent-appellant.

Max K. Schlem, Spar, Schlem & Burroughs, New York City, for relator-appellee.

Before HAND and WATERMAN, Circuit Judges, and BYERS, District Judge.

HAND, Circuit Judge.

The District Director of Immigration and Naturalization appeals from an order of Judge Dimock, sustaining a writ of habeas corpus and releasing the relator from the Director's custody. The relator was born in China and last entered the United States in 1925 as a seaman upon a British ship; concededly he is subject to deportation for having long overstayed the time permissible to a seaman who leaves his ship. Deportation proceedings were begun...

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