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LAM LEUNG KAM v. ESPERDY

Nos. 67 Civ. 2833, 2820, 2934.

274 F.Supp. 485 (1967)

LAM LEUNG KAM (A15 976 129), Plaintiff, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant. WONG KAM CHEUNG (A15 878 180) and Tung Shing Ho (A15 759 137), Plaintiffs, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant. CHIM PING (A15 942 827) and Ip Fui (A15 975 897), Plaintiffs, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court S. D. New York.

August 7, 1967.

Attorney(s) appearing for the Case

Lebenkoff & Coven, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty. for S. D. New York, for defendant, by Daniel Riesel, Sp. Asst. U. S. Atty., New York City.

MANSFIELD, District Judge.

These suits by alien seamen to stay their deportation to Hong Kong all raise the same question:

Where, pursuant to the Immigration and Nationality Act,1 as amended, Title 8 U.S.C. § 1252, a deportation order was entered against an alien after according him due process, was it an abuse of discretion for the District Director of Immigration and Naturalization to refuse to stay such deportation pending...

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