United States ex rel. Leong v. O'Rourke

RIDGE, District Judge.

Petitioner, being held under a warrant for his deportation as an alien, seeks release therefrom on a claim of United States citizenship.

A single issue of fact is presented in the instant habeas corpus proceeding, namely, “Is petitioner a citizen and national of China, and, therefore, an alien subject to deportation; or is he a citizen of the United States by birth?” If, as contended by respondent, petitioner is an alien the instant proceeding must be dismissed, as the Immigration and Naturalization Service has administratively determined that, as an alien, petitioner…