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ROGERS v. CHENG FU SHENG

Nos. 15487, 16121.

294 F.2d 262 (1961)

William P. ROGERS, Attorney General of the United States, Appellant, v. CHENG FU SHENG and Lin Fu Mei, Appellees. CHENG FU SHENG and Lin Fu Mei, Appellants, v. Robert F. KENNEDY, Attorney General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Opinion Filed July 6, 1961.

Attorney(s) appearing for the Case

Messrs. Jack Wasserman and David Carliner, Washington, D. C., for Cheng Fu Sheng, and others.

Mr. Oliver Gasch, U. S. Atty., at the time the answer of the Attorney General to the order to show cause was filed, Mr. Carl W. Belcher, Asst. U. S. Atty., at the time the answer was filed, and Mr. Abbott A. Leban, Asst. U. S. Atty., were on the answer of the Atty. Gen. to the order to show cause.

Before Mr. Justice REED, retired, BAZELON and WASHINGTON, Circuit Judges.

PER CURIAM.

This litigation is before us a second time. When Cheng Fu Sheng and Lin Fu Mei first instituted suit to bar their deportation, their complaint alleged two separate claims: first, that Formosa, to which they were to be deported, was not a "country" within the meaning of the Immigration and Nationality Act § 243 (a), 66 Stat. 212 (1952), 8 U.S.C.A. § 1253(a); and, second, that the Attorney General had abused his discretion in refusing to withhold...

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