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NG FUN YIN v. ESPERDY

187 F.Supp. 51 (1960)

NG FUN YIN, Plaintiff, v. P. A. ESPERDY, District Director of Immigration and Naturalization for the District of New York, Defendant.

United States District Court S. D. New York.

July 25, 1960.

Attorney(s) appearing for the Case

Benjamin Gim, New York City, for plaintiff.

S. Hazard Gillespie, Jr., U. S. Atty. for Southern Dist. of New York, New York City, for defendant, Charles J. Hartenstine, Jr., Sp. Asst. U. S. Atty., New York City, of counsel.

CASHIN, District Judge.

This is an action under Section 10 of the Administrative Procedure Act (5 U.S.C.A. § 1009) and the Declaratory Judgment Act (28 U.S.C. § 2201) for a judgment declaring invalid a decision of the Attorney General denying plaintiff's petition for a non-quota immigrant status on behalf of his adopted son under the provisions of the Immigration and Nationality Act of 1952 (8 U.S.C.A. § 1329).

Plaintiff, contending that there...

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