Marco Liang v. United States Department of Justice, Immigration and Naturalization Service, George K. Rosenberg, District Director

Marco Liang, held under a warrant of deportation, seeks discharge in habeas corpus. He has appealed from an order of the district court denying him relief.

Liang entered this country October 29, 1949, under § 4(e) of the Immigration Act of 1924 (former Title 8 U.S.C. § 204 (e) ) qualifying as a non-quota immigrant for the reason that he had been accepted as a student by an approved school in this country. He was admitted for a period of one year. This stay was extended to October 12, 1951. There were no subsequent extensions. Since October 12, 1951, Liang has not engaged in studies at any educational institution.

On November 17, 1953, Liang applied for adjustment of his immigration status under § 6 of the Refugee Relief Act of 1953, 50 U.S.C.Appendix, § 1971d. This application was denied. On October 4, 1955, a deportation warrant of arrest was issued. For five years proceedings ran their course: hearings before special inquiry officers in Denver and in Miami, followed by two appeals to the Board of Immigration Appeals; applications by Liang for suspension of deportation under § 244(a) of the Immigration and Nationality Act, Title 8 U. S.C. § 1254(a), and for discretionary…