United States ex rel. Ling Shing v. Esperdy

MEMORANDUM

FREDERICK van PELT BRYAN, District Judge:

This is a petition for writ of habeas corpus brought by the relator, Ling Shing, a native and a citizen of China, who last entered the United States on or about January 24, 1963 as a seaman. The facts are undisputed and may be briefly stated.

The alien was authorized to remain as a non-immigrant crewman for a period not to exceed twenty-nine days, but he deserted his vessel and has remained in this country ever since. At the original deportation proceedings, held in October, 1963, the alien conceded his deportability but sought the privilege…