Jew Ten, Also Known as George K. Jue, Also Known as Jue Gar King, Also Known as Chow Ka King v. Immigration and Naturalization Service

This is a petition for judicial review of a final order of deportation entered against Jew Ten (hereinafter referred to as “petitioner”) by the Immigration and Naturalization Service (hereinafter referred to as “respondent”) pursuant to administrative proceedings under Section 242(b) of the Immigration and Nationality Act ( 8 U.S.C.A. § 1252 (b)). The petition was timely filed. Service was properly made, and the deportation was stayed. This court has jurisdiction to review the order entered below under the provisions of Section 1105a of Title 8 United States Code Annotated, and Sections 1031-1042 of Title 5, United States Code Annotated.

The question here presented is whether respondent’s order is erroneous as a matter of law.

The facts are not in dispute. They may be summarized as follows: Petitioner is an alien, a native and citizen of China, who was first lawfully admitted into the United States in 1919 as the lawful minor son of a domiciled merchant. He last entered the United States at the Port of Honolulu, the then Territory of Hawaii, on August 10,1950, at which time he was admitted as a lawful returning permanent resident in possession of a valid re-entry permit.

On…