YI v. MAUGANS

No. 94-7060.

24 F.3d 500 (1994)

Yang You YI, Yee Bong Won, Li Guang Feng, Chen Chu Su, Pin Lin, Yong Zhong Pan a/k/a Pu Wing Chun, So Gee Dong, Chang Chun Lu, Xin-Fei Zhang a/k/a Xin-Fuei Zarang, Tong Wai Zhang, Dai Min Lu, Shi Chun Zheng, Chun Hua Lin, Chen Zing, Shuidi Zheng, Guo Zhen Xie, A-72-761-974, Li Yun-You, Lin Ming Long, v. George MAUGANS, District Counsel of the United States Immigration and Naturalization Service, Baltimore District; David L. Milhollen, Director of the Executive Office for Immigration Review and Chairman of the Board of Immigration Appeals; Richard J. Sharkey, District Counsel of the United States Immigration and Naturalization Service, Philadelphia District; J. Scott Blackman, District Director of the United States Immigration and Naturalization Service, Philadelphia District; United States Immigration and Naturalization Service; and Executive Office for Immigration Review; Janet Reno, Attorney General of the United States; Doris Meissner, Commission of the United States Immigration and Naturalization Service Yong Zhong PAN a/k/a Pu Wing Chun, Appellant, v. George MAUGANS, District Counsel of the United States Immigration and Naturalization Service, Baltimore District; Richard J. Sharkey, District Counsel of the United States Immigration and Naturalization Service, Philadelphia District; David L. Milhollen, Director of the Executive Office for Immigration Review and Chairman of the Board of Immigration Appeals.

United States Court of Appeals, Third Circuit.

Decided May 5, 1994.


Attorney(s) appearing for the Case

David H. Weinstein (argued), Robert S. Kitchenoff, Kohn, Nast & Graf, P.C., Frances P. Rayer, Pepper, Hamilton & Scheetz, Philadelphia, PA, Lory D. Rosenberg, American Immigration Law Foundation, Legal Action Center, Washington, DC, Sharon J. Phillips, New York City, for appellant.

Frank W. Hunger, Asst. Atty. Gen., David M. Barasch, U.S. Atty., Michael Jay Singer, Atty., Thomas M. Bondy, Atty. (argued), Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, for appellees.

Before: HUTCHINSON, ROTH, and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

In February 1993, the Golden Venture, a ship bearing human cargo of approximately 300 Chinese nationals, left the waters of Thailand bound for the distant shores of the United States. The petitioner Yong Zhong Pan (Pan), one of its passengers, together with hundreds of other Chinese nationals, had made a dangerous journey from the People's Republic of China...

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