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UNITED STATES v. ESPERDY

210 F.Supp. 786 (1962)

UNITED STATES of America ex rel. LAM FO SANG, Relator, v. P. A. ESPERDY, as District Director of the Immigration Service for the District of New York, or such person, if any, who may have the said Lam Fo Sang in custody, Respondent.

United States District Court S. D. New York.

November 28, 1962.

Attorney(s) appearing for the Case

Abraham Lebenkoff, New York City, for relator.

Vincent L. Broderick, U. S. Atty., for Southern Dist. of New York, for respondent, Roy Babitt, Sp. Asst. U. S. Atty., of counsel.

DAWSON, District Judge.

This is a motion for a writ of habeas corpus directing the production of the relator, Lam Fo Sang, for a hearing before a Special Inquiry Officer of the Immigration Service. Such hearing would be for the purpose of determining whether the relator should be deported from the United States.

The facts are not in dispute. The relator is a native and citizen of China. He arrived at Honolulu, Hawaii, on August 11, 1962 aboard an airplane...

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