Wong Lum v. Esperdy

BICKS, District Judge.

Sub judice are plaintiff’s motion for a preliminary injunction and defendant’s cross-motion for summary judgment. The underlying facts are not in dispute.

Plaintiff, a native and citizen of, and last resident in China, entered this country on February 15,1959, under a temporary landing permit as a non-immigrant crewman. 8 U.S.C.A. § 1282(a). He overstayed the period fixed in said permit and, after a hearing, was ordered deported. Neither deportability nor validity of any of the proceedings upon which that determination rests are challenged. In this action for a…