Lam Tat Sin v. P. A. Esperdy, as District Director of the Immigration and Naturalization Service, New York District

MOORE, Circuit Judge:

Plaintiff-appellant Lam Tat Sin brought this suit to review appellee’s action in calling him to surrender for deportation to Hong Kong. He appeals from the district court’s dismissal of his complaint and its award of summary judgment in favor of appellee.

Appellant, a citizen of the Republic of China on Formosa, arrived in the United States as a crewman with Hong Kong travel documents in January, 1962. He remained here beyond the period of his shore leave and in May, 1962, became the subject of deportation proceedings. At the hearing before the Special Inquiry Officer,…