Cheng Chan Chu v. Shaughnessy

DAWSON, District Judge.

Petitioner moves for a temporary injunction restraining his deportation pending a determination by this Court of a petition to review the deportation proceedings. Respondent cross-moves pursuant to Rule 12(b), 28 U.S.C.A., to dismiss the petition on the ground that it fails to state a claim upon which relief can be granted.

It appears from the papers submitted on the motion that the following material facts exist without substantial controversy :

1. Petitioner is an alien, a native and citizen of China.

2. Petitioner entered the United. States as a seaman in or about the…