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UNITED STATES v. ESPERDY

No. 278, Docket 29276.

345 F.2d 989 (1965)

UNITED STATES of America ex rel. LAM HAI CHEUNG, Relator-Appellant, v. P. A. ESPERDY, as District Director of the 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-Appellee.

United States Court of Appeals Second Circuit.

Decided May 27, 1965.

Attorney(s) appearing for the Case

Spar, Schlem & Burroughs, New York City, for relator-appellant, Max K. Schlem, New York City, of counsel.

James G. Greilsheimer, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty., Roy Babitt, Sp. Asst. U. S. Atty.), for respondent-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and HAYS, Circuit Judges.

WATERMAN, Circuit Judge:

Appellant petitioned the United States District Court for the Southern District of New York for the issuance of a writ of habeas corpus alleging that he was unlawfully restrained of his liberty by the respondent, the District Director of the Immigration and Naturalization Service.

The facts are undisputed. The relator is a Chinese native and citizen. He was a bona fide crewman on the Norwegian vessel, the T/S Kingsville, when his vessel...

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