Mai Kai Fong, Also Known as Yee Wing Young v. Immigration and Naturalization Service

This matter is before us on a petition to review a final order of deportation, and three subsequent orders or notices directing that- the deportation be to Hong Kong, and advising when and where the petitioner should report for such deportation.

Petitioner, a native of China, entered the United States fraudulently under a false name on February 22, 1952. More than five years later deportation proceedings were instituted against him. In these proceedings a special inquiry officer of the Immigration and Naturalization Service on September 18, 1957, ordered deportation of petitioner under section 241(a) (1) of the Immigration and Nationality Act (Act), 8 U.S.C.A. § 1251 (a) (1).

On the day on which the deportation order was entered petitioner was notified in writing that his deportation to China had been directed. Pursuant to section 243 of the Act, 8 U.S.C.A. § 1253 , petitioner applied for a stay of deportation on the ground that if deported to China he would be subject to physical persecution. Deportation was thereupon withheld.

On August 14, 1961, petitioner was advised in writing by the Immigration and Naturalization Service that his deportation to “The United Kingdom to wit:…