Chi Sheng Liu v. Ralph H. Holton, District Director, Immigration & Naturalization Service, Honolulu, State of Hawaii

This action is based on section 241(a) (2) of the Immigration and Nationality Act of 1952, under which the Attorney General is empowered to deport any alien who is unlawfully in the United States. The appellant, a citizen of China, entered the United States in 1949 on a student visa. After the visa had expired, the Special Inquiry Officer of the Immigration and Naturalization Service directed him to leave the country. The appellant embarked for Communist China, but changed his mind during the journey and disembarked at Hawaii. The Service then issued an order deporting him to Communist China, but when the appellant insisted he would be persecuted there, the Service changed its order to provide for deportation to Formosa. This order was affirmed by the Board of Immigration Appeals and the Regional .Commissioner. The appellant brought this action in the federal district court to suspend the deportation order, but after a hearing the district court entered a dismissal order conditioned on a showing that the Nationalist Government of China would accept the appellant; upon receiving a letter to that effect purportedly written by the Consul General of that Government, it dismissed the…