Legal Opinion

Ng Gwong Dung v. Brownell

District Court, S.D. New York

Decided June 10, 1953PublishedCited by 4 opinions

1Opinion of the Court

WEINFELD, District Judge.

Plaintiff asks for a temporary injunction restraining defendants from detaining him *674pending trial and disposition of his action for a declaration of citizenship. Defendants have cross-moved to dismiss his complaint.

There is no authority for bringing this sort of action.

Section 503 of the Nationality Act of 1940,1 upon which plaintiff relies, was repealed by the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1101 et seq.,2 which became effective December 24th, 1952, many months before the commencement of the present action.3 And the new Act specifically excludes…

2Cases cited3 opinions

  1. Heikkila v. BarberSupreme Court of the United States · 1953
  2. United States Ex Rel. Medeiros v. WatkinsCourt of Appeals for the Second Circuit · 1948
  3. United States ex rel. Chu Leung v. ShaughnessyCourt of Appeals for the Second Circuit · 1949

3Cited by4 opinions

  1. Matsuo v. DullesDistrict Court, S.D. California · 1955
  2. Correia v. DullesDistrict Court, D. Rhode Island · 1954
  3. Said v. EddyDistrict Court, D. Alaska · 2000
  4. Rosasco v. BrownellDistrict Court, E.D. New York · 1958

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