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YEE DAI SHEK v. IMM. & NAT. SERVICE

No. 75-2153.

541 F.2d 1067 (1976)

YEE DAI SHEK, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1976.

Attorney(s) appearing for the Case

Jack Wasserman, Washington, D. C. (Wasserman, Orlow, Kaye & Rubin, Washington, D. C., on brief), for petitioner.

John E. Harris, Atty., Crim. Div., Dept. of Justice, Washington, D. C. (B. Franklin Taylor, Acting Chief, Government Regulations Section, Crim. Div., and James P. Morris, Atty., Dept. of Justice, Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and BUTZNER, Circuit Judge.

BUTZNER, Circuit Judge.

Yee Dai Shek petitions for review of an Immigration and Naturalization Service order refusing to reopen deportation proceedings against him. We remand and direct that the proceedings be reopened to consider evidence on the question of whether Shek should be allowed to depart the United States voluntarily.

Shek entered the United States on March 18, 1969, as a seaman. He was authorized to stay no more than 29 days and was required to...

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