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UNITED STATES v. SHAUGHNESSY

142 F.Supp. 444 (1956)

UNITED STATES of America ex rel. TOM MAN, also known as Tom Gin Sing, Relator, v. Edward J. SHAUGHNESSY, as District Director of Immigration and Naturalization Service of the United States, Department of Justice, for the District of New York, or such person, if any, who might have said relator in custody, Respondent.

United States District Court S. D. New York.

May 16, 1956.

Attorney(s) appearing for the Case

Spar, Schlem & Burroughs, New York City, for relator.

Paul W. Williams, U. S. Atty. for Southern District of New York, New York City, for the United States. Burton S. Sherman, Sp. Asst. U. S. Atty., of counsel.

Roy Babitt, Atty., Immigration & Naturalization Service, New York City, for respondent.

DIMOCK, District Judge.

A writ of habeas corpus has been sued out on behalf of an alien, Tom Man, who is subject to a final order of deportation to the mainland of China.

The relator, 50 years of age, a native and citizen of China, last entered the United States in 1925, as a seaman on an unknown British vessel. After a hearing, relator was found deportable from the United States on the ground that he had remained in this country for a longer period than authorized...

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