Ng Kam Fook v. Esperdy

METZNER, District Judge.

Defendant moves for summary judgment in this action for a declaratory judgment which seeks to review an order of the District Director of the Immigration and Naturalization Service, directing the deportation of the plaintiff to Hong Kong pursuant to a warrant of deportation.

Plaintiff is a Chinese seaman who jumped ship and, after a hearing, was ordered deported. Upon the issuance of the warrant of deportation, the plaintiff requested a stay pursuant to section 243 (h) of the Immigration and Nationality Act, on the ground that he would be subject to persecution if…