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UNITED STATES v. SHAUGHNESSY

133 F.Supp. 850 (1955)

UNITED STATES of America ex rel. LEE KUM HOY, Lee Kum Cherk and Lee Moon Wah, Relators, v. Edward J. SHAUGHNESSY, District Director of Immigration and Naturalization Service, New York District, Respondent.

United States District Court S. D. New York.

August 8, 1955.

Attorney(s) appearing for the Case

Hong & Gim, New York City, Benny Gim, New York City, of counsel, for Lee Kum Hoy and Lee Kum Cherk.

Edward J. Ennis, New York City, for Lee Moon Wah.

J. Edward Lumbard, U. S. Atty. for Southern District of New York, New York City, Harold J. Raby, Asst. U. S. Atty., New York City, of counsel, for respondent.

DIMOCK, District Judge.

Respondent has submitted a form of order dismissing a writ of habeas corpus. The writ was originally sued out to attack respondent's right to hold three children of the Chinese race born in China who had been excluded from the United States. They had claimed American citizenship by virtue of one Lee Ha whom they claimed as their father. The Board of Special Inquiry, largely on the basis of blood tests held to preclude paternity, rejected their...

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