CHENG KAI FU v. IMMIGRATION AND NATURALIZATION SERVICE

Nos. 237, 236, Docket 31842 and (31881).

386 F.2d 750 (1967)

CHENG KAI FU, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. YUI TING SANG, a/k/a Zai Ding Sung and Hui Mau Cheuk, Plaintiffs-Appellants, v. P. A. ESPERDY, District Director for the New York District, Immigration and Naturalization Service, United States Department of Justice, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 16, 1967.


Attorney(s) appearing for the Case

Thomas A. Church, New York City, for petitioner and plaintiffs-appellants.

Francis J. Lyons, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, and Daniel Riesel, Asst. U. S. Atty., New York City, on the brief), for respondent and defendant-appellee.

Before LUMBARD, Chief Judge, and MEDINA and HAYS, Circuit Judges.


LUMBARD, Chief Judge:

These cases, which have been consolidated for the purposes of this proceeding, all raise the same question: whether it was an abuse of discretion for the District Director in the case of Yui Ting Sang and Hui Mau Cheuk and the Board of Immigration Appeals in the case of Cheng Kai Fu to deny without a hearing the motions to stay deportation and reopen the proceedings based on the claim under Section 243(h) of the Act, 8 U.S.C. § 1253(h),...

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