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CHIM MING v. MARKS

Nos. 43, 75, Dockets 74-1280, 74-1281.

505 F.2d 1170 (1974)

CHIM MING, Appellant, v. Sol MARKS, as District Director of the Immigration and Naturalization Service for the District of New York, and William P. Rogers, as Secretary of State of the United States of America, Appellees. LAM YIM YIM et al., Appellants, v. Sol MARKS, as District Director of the Immigration and Naturalization Service for the District of New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 8, 1974.

Attorney(s) appearing for the Case

Jules E. Coven, New York City, for appellants.

Joseph P. Marro, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., for the Southern District of New York, Gerald A. Rosenberg, Asst. U. S. Atty., of counsel), for appellees.

Before LUMBARD, FEINBERG and OAKES, Circuit Judges.

PER CURIAM:

These consolidated appeals raise essentially the same question: whether appellants, assumed arguendo to be refugees within Article 1 of the 1951 Geneva Convention Relating to the Status of Refugees (the Convention),1 are entitled to protection by virtue of Article 32. Article 32 of the Convention provides that:

Expulsion 1. The Contracting States shall not expel a refugee lawfully in their territory...

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