Cheng Lee King v. Davis H. Carnahan, as Regional Commissioner of the Immigration and Naturalization Service

Cheng Lee King, a merchant seaman born in Hainan Islands (now within the limits of Communist China), seeks adjustment of his immigration status as a permanent resident under Section & of the Refugee Relief Act of 1953. He is a national of Communist China, but asserts he is anti-Communist. When eleven years of age he was taken to Singapore in the Malay States where he was a resident until 1939. He left there as a seaman that year and has never returned to Singapore or to China. Since leaving Singapore he seems to have established no residence other than his tenuous “residence” in the United States.

During World War II he sailed out of British ports into the Mediterranean area. Since the war he has been generally on Panamanian Ships (American owned) or on American ships out of American ports.

The immigration service appears to have concluded that he does qualify under the act as having entered the United States lawfully as a non-immigrant, but has denied him adjustment because of his former residence in Singapore. He produces proof that he cannot return to Singapore for residence. Also, he fears persecution in China because of his service on American ships carrying munitions to…