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KAI FUNG CHAN v. KILEY

No. 77 Civ. 2935 (CMM).

454 F.Supp. 34 (1978)

KAI FUNG CHAN, Plaintiff, v. Maurice F. KILEY, as District Director of the Immigration and Naturalization Service for the District of New York, Defendant.

United States District Court, S. D. New York.

July 18, 1978.

Attorney(s) appearing for the Case

Lebenkoff & Coven, New York City, for plaintiff; Jules E. Coven, Abraham Lebenkoff, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for defendant; Robert S. Groban, Jr., Sp. Asst. U. S. Atty., New York City, of counsel.

METZNER, District Judge:

Plaintiff, by a motion for summary judgment pursuant to Fed.R.Civ.P. 56, seeks judicial review of the Immigration and Naturalization Service's (INS) denial of his application for conditional refugee status. The government cross-moves for summary judgment and dismissal of the action.

Plaintiff, a native of the People's Republic of China, entered the United States from Hong Kong in January 1973 on a nonimmigrant visitor visa. He has...

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