Chung Young Chew v. John P. Boyd, District Director of Immigration and Naturalization Service, United States Department of Justice, Seattle District

Petitioner commenced a declaratory judgment action in the United States District Court to set aside and enjoin enforcement of deportation orders entered on December 7,1959 and August 10,1960. After an answer was filed and certain pretrial proceedings were had the cause was transferred to this court for review of the administrative orders, pursuant to section 5, Pub.L. 87-301, 75 Stat. 651-653; 8 U.S.C. § 1105a, and 5 U.S.C. §§ 1031-1042 .

Chung Young Chew is a seventy-five year old Chinese man. On June 29, 1954, while petitioner was incarcerated at the United States penitentiary at McNeil Island, Washington, a warrant for his arrest was issued by the Immigration and Naturalization Service (Service). It was therein alleged that one Chew (Jew), Chung Young, an alien who had last entered this country at San Francisco, California on July 28, 1926, was subject to being deported pursuant to section 241 (a) (11) of the Immigration and Nationality Act of 1952 (Act), 8 U.S.C. § 1251 (a) (11). It was also provided in this warrant that a named immigration officer should take petitioner into custody “and grant him a hearing to enable him to show cause why he should not be deported in…