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LAM TAT SIN v. ESPERDY

No. 467, Docket 28816.

334 F.2d 999 (1964)

LAM TAT SIN, Plaintiff-Appellant, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service, New York District, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 13, 1964.

Attorney(s) appearing for the Case

Lebenkoff & Coven, New York City (Abraham Lebenkoff and Jules E. Coven, New York City, of counsel), for plaintiff-appellant.

Roy Babitt, Sp. Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, of counsel), for the United States of America.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

Certiorari Denied November 9, 1964. See 85 S.Ct. 190.

MOORE, Circuit Judge:

Plaintiff-appellant Lam Tat Sin brought this suit to review appellee's action in calling him to surrender for deportation to Hong Kong. He appeals from the district court's dismissal of his complaint and its award of summary judgment in favor of appellee.

Appellant, a citizen of the Republic of China on Formosa, arrived in the United

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