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UNITED STATES v. MURFF

165 F.Supp. 633 (1958)

UNITED STATES of America ex rel. TIE SING ENG, Relator, v. John L. MURFF, as District Director of the Immigration Service for the District of New York, or such person, if any, who may have the said Tie Sing Eng in custody, Respondent.

United States District Court S. D. New York.

October 6, 1958.

Attorney(s) appearing for the Case

Arthur H. Christy, U. S. Atty., New York City, by Roy Babitt, Special Ass't. U. S. Atty., Immigration & Naturalization Service, New York City, for respondent.

Abraham Lebenkoff, New York City, for relator.

WEINFELD, District Judge.

The relator, a Chinese native and citizen, detained under a warrant of deportation, applies for a writ of habeas corpus. He entered the United States legally as a crew member of the S.S. Ternate, a Dutch ship. On December 2, 1956, however, he was ordered deported on the ground that he had remained in the United States beyond the twenty-nine (29) day period permitted him as a nonimmigrant seaman.

At the deportation hearing held in...

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