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YAM SANG KWAI v. IMMIGRATION & NATURALIZATION SERVICE

No. 21784.

411 F.2d 683 (1969)

YAM SANG KWAI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided February 17, 1969.

Attorney(s) appearing for the Case

Mr. Jack Wasserman, Washington, D. C., for petitioner.

Mr. Charles Gordon, General Counsel, Immigration & Naturalization Service, of the bar of the Supreme Court of the United States, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for respondent.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.

TAMM, Circuit Judge.

At about 6:00 p. m. on the evening of October 12, 1967, petitioner's place of business was surrounded by officers of the respondent with the purpose of interrogating any aliens therein. Certain officers were stationed at both the entrance and the exit. None knew of the petitioner's existence nor of the identity of any of the patrons before entering. One officer, Officer Podrasky, entered the restaurant and confronted the petitioner with certain...

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