UNITED STATES EX REL. FEN v. ESPERDY

No. 733, Docket 33781.

423 F.2d 6 (1970)

UNITED STATES of America ex rel. Lee Pao FEN, Relator-Appellant, v. P. A. ESPERDY, as District Director of the Immigration and Naturalization Service for the District of New York, or such person, if any, who may have the said Lee Pao Fen in custody, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 12, 1970.


Attorney(s) appearing for the Case

Stuart Wadler, New York City, for relator-appellant.

Daniel Riesel, Spec. Asst. U. S. Atty., Robert M. Morgenthau, U. S. Atty., for respondent-appellee.

Before WATERMAN and HAYS, Circuit Judges, and BARTELS, District Judge.


WATERMAN, Circuit Judge.

We affirm the decision below.

Appellant, a native and citizen of the Republic of China and who has a wife and two minor children living in Formosa, was admitted into the United States on September 29, 1967, as a non-immigrant crewman pursuant to the the provisions of 8 U.S.C. § 1282(a). He deserted his vessel and on February 13, 1968 was picked up by immigration officers as an alien illegally in the country. He was accorded a...

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