WONG LUM v. ESPERDY


187 F.Supp. 95 (1960)

WONG LUM, a/k/a Wang Lung, Plaintiff, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service for the New York District, Defendant.

United States District Court S. D. New York.

August 26, 1960.


Attorney(s) appearing for the Case

Samuel Bernstein, New York City, for plaintiff.

S. Hazard Gillespie, Jr., U. S. Atty., New York City, Roy Babitt, Sp. Asst. U. S. Atty., New York City, of counsel, for defendant.


BICKS, District Judge.

Sub judice are plaintiff's motion for a preliminary injunction and defendant's cross-motion for summary judgment. The underlying facts are not in dispute.

Plaintiff, a native and citizen of, and last resident in China, entered this country on February 15, 1959, under a temporary landing permit as a non-immigrant crewman. 8 U.S.C.A. § 1282(a). He overstayed the period fixed in said permit and, after a hearing, was ordered...

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