Leong Leun Do A/K/A Wing Sang v. P. A. Esperdy, District Director of Immigration and Naturalization for the District of New York

I am unable to agree with the majority’s construction of § 6 of the Refugee Relief Act of 1953, 67 Stat. 403, as amended, 50 U.S.C.A.Appendix, § 1971d. As I read the statute, the appellant was ineligible for relief under § 6 because it was not likelihood of persecution which made him unable to return to the Dominican Republic, found on sufficient evidence in the court below to be the place of his last residence. However, I concur in reversing the judgment of the district court because the government failed to comply with the procedures prescribed by § 243(a) of the Immigration and Nationality…