Kai Fung Chan v. Kiley

METZNER, District Judge:

Plaintiff, by a motion for summary judgment pursuant to Fed.R.Civ.P. 56, seeks judicial review of the Immigration and Naturalization Service’s (INS) denial of his application for conditional refugee status. The government cross-moves for summary judgment and dismissal of the action.

Plaintiff, a native of the People’s Republic of China, entered the United States from Hong Kong in January 1973 on a nonimmigrant visitor visa. He has remained here beyond the expiration date of his authorized stay. He was provided the opportunity to depart voluntarily by August 30, 1975,…