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CHENG v. RINALDI

Nos. 73-1866 to 73-1869.

493 F.2d 1229 (1974)

YU FUNG CHENG and Hi Pan Chan, Appellants in No. 73-1866 v. Dominick RINALDI, as District Director of the Immigration and Naturalization Service of New Jersey, and William P. Rogers, as Secretary of State of the United States of America. (Civil Action No. 167-73) YEUNG YAN CHEUNG, Appellant in No. 73-1867 v. Dominick RINALDI, as District Director of the Immigration and Naturalization Service of New Jersey, and William P. Rogers, as Secretary of State of the United States of America. (Civil Action No. 282-73) KAN KAM LIN et al., Appellants in No. 73-1868 v. Dominick RINALDI, as District Director of the Immigration and Naturalization Service of New Jersey, and William P. Rogers, as Secretary of State of the United States of America. (Civil Action No. 1823-72) LAM YI KAM, Appellant in No. 73-1869 v. Dominick RINALDI, as District Director of the Immigration and Naturalization Service of New Jersey, and William P. Rogers, as Secretary of State of the United States of America. (Civil Action No. 1862-72)

United States Court of Appeals, Third Circuit.

Decided March 25, 1974.

Attorney(s) appearing for the Case

Lebenkoff & Coven, New York City, Allan S. Berger, East Orange, N. J., for appellants; Jules E. Coven, New York City, of counsel.

Jonathan L. Goldstein, U. S. Atty., Newark, N. J., William T. Pizzi, Asst. U. S. Atty., on the brief, for appellees.

Before ALDISERT, GIBBONS and ROSENN, Circuit Judges.

PER CURIAM.

Appellants are Chinese seamen who, having requested and been denied asylum under the United Nations Protocol Relating to the Status of Refugees (Protocol), brought actions in the district court against Dominick Rinaldi, the District Director of the Immigration and Naturalization Service, seeking an injunction to restrain the defendant from deporting them on the ground that his denial of asylum was arbitrary, capricious and illegal. The district court granted...

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