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NG YEN v. IMMIGRATION AND NATURALIZATION SERVICE

No. 384, Docket 27462.

308 F.2d 796 (1962)

NG YEN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Second Circuit.

Decided September 21, 1962.

Attorney(s) appearing for the Case

Jules E. Coven, New York City (Abraham Lebenkoff, New York City, on the brief), for petitioner.

Roy Babitt, Sp. Asst. U. S. Atty., S.D. N.Y., New York City (Robert M. Morgenthau, U. S. Atty., New York City, on the brief), for respondent.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

This is a petition for review presenting problems similar to those considered in Foti v. Immigration and Naturalization Service, 2 Cir., 308 F.2d 779. Petitioner, a native and citizen of China — where his wife and child reside — entered the United States in January 1947 as a visitor for pleasure for six months, and has been here ever since. He concedes his deportability, but has sought suspension...

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