Diamond Kimm v. Richard C. Hoy, District Director, Immigration and Naturalization Service

Appellant sued below to enjoin officers of the Immigration and Naturalization Service in Los Angeles from deporting him to Korea. Review of a somewhat complicated chronology becomes necessary to fully understand the matter.

Appellant, a native of Korea, now fifty-seven years of age, was originally admitted to this country on July 6, 1928, as a non-quota immigrant student under the provisions of § 4(e) of the Immigration Act of 1924, 8 U.S.C. § 204 (e) (1940 ed.). He was readmitted to the United States in July 1935 after a few hours in Tijuana, Mexico, to resume his student status. Such leaving and re-entry was proper under General Order 94 issued on September 12, 1932. Other than that one time, appellant has remained continuously within the United States since his arrival in 1928.

In 1937 appellant planned to return to Korea, but the Korean-Japanese War made that unacceptable to appellant. In 1938 appellant sought and accepted full-time employment.

A warrant for appellant’s arrest was issued December 13, 1941. It was served on March 14, 1942, the same day a hearing began on whether appellant was subject to deportation for overstaying his leave as a student. He was furnished…