Chiu but Hao v. Bruce G. Barber, District Director, Immigration and Naturalization Service, San Francisco District

The appellant, a native and citizen of China, was previously lawfully admitted to the United States for permanent residence. Subsequently he was ordered deported from the United States and the finality and propriety of this order for deportation is not questioned by the appellant. On June 11, 1953, pursuant to an order from the Immigration and Naturalization Service, he presented himself at San Francisco, California, for deportation. He was advised that he was about to be deported to Communist China. He then made application to the Attorney General for a stay of deportation pursuant to authority granted by Title 8 U.S.C.A. § 1253 (h) which provides as follows: “Withholding of deportation. * * * (h) The Attorney General is authorized to withhold deportation of any alien within the United States to any country in which in his opinion the alien would be subject to physical persecution and for such period of time as he deems to be necessary for such reason.”

His petition to the Attorney General set forth the reasons why he believed that if he were deported, as the Service contemplated, he would be subject to physical persecution in China. His application was denied. He filed a…