United States of America Ex Rel. Lue Chow Yee and Lue Chow Lon, Relators-appellants, v. Edward J. Shaughnessy, District Director of the New York District of the Immigration and Naturalization Service, Defendant-respondent, 245 F.2d 874 (2d Cir. 1957)

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U.S. Court of Appeals for the Second Circuit - 245 F.2d 874 (2d Cir. 1957) Argued June 10, 1957
Decided July 5, 1957
Reargument Denied September 11, 1957

See 247 F.2d 769.

Appeal from the United States District Court for the Southern District of New York; Irving R. Kaufman, Judge.


Lue Chow Yee and Lue Chow Lon appeal from the dismissal of their petition for habeas corpus seeking stay of exclusion from this country on their claim for discretionary relief under § 243(h) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1253(h).

See also Lue Chow Kon v. Brownell, 2 Cir., 220 F.2d 187, affirming D.C.S.D. N.Y., 122 F. Supp. 370.

Charles Spar, of Spar, Schlem & Burroughs, New York City (Max K. Schlem and Joseph L. Andrews, of Spar, Schlem & Burroughs, New York City, on the brief), for relators-appellants.

Roy Babitt, Sp. Asst. U.S. Atty. and Gen. Atty., Immigration and Naturalization Service, New York City (Paul W. Williams, U. S. Atty., S.D.N.Y., and Harold J. Raby, Asst. U. S. Atty., New York City, on the brief), for defendant-respondent.

Before CLARK, Chief Judge, and CHASE and HINCKS, Circuit Judges.

PER CURIAM.

Affirmed on the opinion of District Judge Kaufman below, D.C.S.D.N.Y., 146 F. Supp. 3; and see also Leng May Ma v. Barber, 9 Cir., 241 F.2d 85, certiorari granted 77 S. Ct. 1283.

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