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TAI MUI v. ESPERDY

No. 66 Civ. 316.

263 F.Supp. 901 (1966)

TAI MUI (A15 729 166), Plaintiff, v. P. A. ESPERDY, District Director of the Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court S. D. New York.

May 4, 1966.

Attorney(s) appearing for the Case

Lebenkoff & Coven, New York City, for plaintiff; Jules E. Coven, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. Southern District of New York, for defendant, Francis J. Lyons, Special Asst. U. S. Atty., of counsel.

OPINION

LEVET, District Judge.

Plaintiff is an alien, a native and citizen of China, who last entered the United States on July 13, 1961. On that date he was admitted into the United States as a non-immigrant crewman for the period of time his ship remained in port not to exceed twenty-nine days. Plaintiff, however, remained in the United States past the twenty-nine day period without authority.

On January...

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