Bong Youn Choy and Tung Suck Choy v. Bruce G. Barber, District Director, Department of Justice, Immigration and Naturalization Service

Bong Youn Choy and his wife are resident aliens who are suffering under orders of deportation issued by respondent. They appeal from a ruling of the District Court rendered pursuant to 5 TJ.S.C.A. § 1009 sustaining the administrative action. See Shaughnessy v. Pedreiro, 1955, 349 U.S. 48 , 75 S.Ct. 591 , 99 L.Ed. 868 .

The Choys were bom in Korea and came to the United States from Japan as students, he in 1938, she in 1941. They married in California in 1942, and now have three children, all American citizens. During World War II, Mr. Choy continued his studies, earning a master’s degree in political science from the University of California. He also translated Japanese documents for the government and taught the language to members of the armed forces. The Immigration Service adjusted Mr. Choy’s status from time to time, extending his visa.

In 1946, Mr. Choy was employed by the War Department for work with the American Military Government in Korea. His wife and children subsequently joined him there. The family was brought back to the United States by the government in 1948; Mr. and Mrs. Choy entering under visitors’ visas. Soon after their return to this country, the Choys…