Shio Han Sun v. Barber

EDWARD P. MURPHY, District Judge.

These are cross-motions for summary judgment on a declaratory judgment action under 28 U.S.C. § 2201 and an action for review under 5 U.S.C.A. § 1001.

The issue is whether an alien serving aboard an American merchant vessel on the high seas is “physically present in the United States” on the statutory date, August 7, 1953, within the meaning of Section 6 of the Refugee Relief Act of 1953, 50 U.S.C.A.Appendix, § 1971d *

The plaintiff, an alien seaman, lawfully entered the United States in 1943 as an alien seaman, and since that time has served aboard American…