HOM SIN v. ESPERDY


239 F.Supp. 903 (1965)

HOM SIN, Plaintiff, v. P. A. ESPERDY, District Director, Immigration and Naturalization Service, United States Department of Justice, Defendant.

United States District Court S. D. New York.

February 17, 1965.


Attorney(s) appearing for the Case

Benjamin Gim, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, James G. Greilsheimer, Asst. U. S. Atty., of counsel, for the United States of America.


PALMIERI, District Judge.

The defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56, on the ground that the plaintiff, an immigrant, does not have standing to bring this declaratory judgment action (28 U. S.C. § 2201) seeking review of a denial by the Immigration and Naturalization Service (the Service) of a petition for first preference status. The administrative proceedings have not been made a part of the record on this motion and are not before...

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