Wong Hing Goon v. Brownell

264 F.2d 52 WONG HING GOON, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States and Albert Del Guercio, District Director of Immigration and Naturalization Service, Appellees. No. 15425. United States Court of Appeals Ninth Circuit. February 18, 1959. Bernard C. Brennan, George S. Lee, William E. Cornell, Newton, Cornell & Irvin, Los Angeles, Cal., for appellant. Laughlin E. Waters, U. S. Atty., James R. Dooley, Richard A. Lavine, Asst. U. S. Attys., Los Angeles, Cal., for appellees. Before STEPHENS, BARNES and HAMLEY, Circuit Judges. STEPHENS, Circuit Judge. 1 Appellant is a Chinese citizen who arrived in the United States for the first time in 1952 to prosecute his claim of blood relationship to a United States citizen. This claim was denied by the Immigration and Naturalization Service, and its decision was upheld on appeal. 2 Thereafter, appellant filed an application under Section 243(h) of the Immigration and Nationality Act alleging that he would be subject to physical persecution if deported to China. A hearing on the application was denied on the grounds of lack of jurisdiction. Appellant then commenced this action in the District Court seeking…