Wan Chung Wen v. Ferro

MEMORANDUM and ORDER

ELFVIN, District Judge.

Petitioner, a Chinese-style cook-restaurateur who is presently under a warrant of deportation issued by respondent District Director of the U. S. Immigration and Naturalization Service (“INS”), seeks a writ of habeas corpus in challenge, not to the deportation order, but to respondent’s unexplained denial of petitioner’s request for deferred action status during the pendency of his petition for a visa preference as a valued worker. Petitioner urges that he is denied due process of law and equal protection by respondent’s failure to explain his denial…