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HOM SIN v. ESPERDY

209 F.Supp. 3 (1962)

HOM SIN, 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.

September 27, 1962.

Attorney(s) appearing for the Case

Benjamin Gim, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for the S. D. of New York, for defendant; Roy Babitt, Sp. Asst. U. S. Atty., S. D. of New York, of counsel.

METZNER, District Judge.

Defendant moves for summary judgment in this action for a declaratory judgment seeking to review an order of the District Director of the Immigration and Naturalization Service directing the deportation of plaintiff to Hong Kong pursuant to a warrant of deportation.

Plaintiff is a Chinese crewman who overstayed his shore leave permit. He was apprehended and given a hearing which resulted in an order of deportation. Plaintiff admittedly...

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