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CHUNG WING PING v. KENNEDY

No. 16105.

294 F.2d 735 (1961)

CHUNG WING PING et al., Appellants v. Robert F. KENNEDY, Attorney General of the United States, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 20, 1961.

Attorney(s) appearing for the Case

Mr. I. H. Wachtel, New York City, for appellants.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., at the time of argument, and Carl W. Belcher, Asst. U. S. Atty., at the time of argument, were on the brief, for appellees. Messrs. David C. Acheson, U. S. Atty., and Donald S. Smith, Asst. U. S. Atty., also entered appearances for appellees.

Before PRETTYMAN, DANAHER and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Appellants are Chinese aliens who entered the United States while crewmen aboard vessels lying at port in this country. Each has illegally remained in the United States and each has sought to adjust his status, pursuant to 8 U.S.C.A. § 1255 (1958), to that of a permanently admitted refugee from communism who had fled his native land because of persecution or fear of persecution on account of race, religion or political opinion.

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