Ng Yip Yee v. Bruce G. Barber, District Director of Immigration and Naturalization,appellee

This is the last of a series of appeals to this Court by Ng Yip Yee, a Chinese who has been consistently refused admission to the United States. The grounds have always been that Ng Yip Yee has not proven that he is a national of this country.

The history of these proceedings is instructive. The American Consulate at Hong Kong issued a passport to Ng Yip Yee on July 1, 1953. Although the Secretary of State revoked and invalidated this passport by order of August 20, 1953, Ng Yip Yee arrived in San Francisco on August 27, 1953. He was immediately detained by the District Director and held for presentation before a Special Hearing Officer. A hearing was commenced on September 17, 1953. Prior thereto Ng Yip Yee filed a petition for a writ of habeas cox-pus on the ground that the Secretary of State had made a determination by issuing a passport to him and that the District Director had no power to detain him. The District Court denied the writ and dismissed the petition. The appeal was dismissed on the ground that the action was premature. Ng Yip Yee v. Barber, 9 Cir., 210 F.2d 613 .

After the dismissal of the appeal, the administrative proceedings were completed. The Special…