Lawrence Ben Huie AKA Hoy Ben Yuen, AKA Hoy Ming Wah v. Immigration and Naturalization Service

Petitioner has filed a petition for review with this court requesting that the order of the Immigration and Naturalization Service that he be deported be set aside. We have jurisdiction to review the order of deportation under Section 106(a) of the Immigration and Nationality Act (8 U.S.C. § 1105a(a)).

The Immigration and Naturalization Service served on petitioner an Order to. Show Cause dated August 30, 1963. The order alleges that petitioner is a native and citizen of China who last entered the United States at Seattle, Washington, about October 1, 1959, at which time he claimed to be Hoy Ben Yuen, a citizen of the United States; that he was not then a citizen of the United States and did not present himself for inspection as an alien, and was not inspected as an alien by a United States Immigration officer. The order to show cause charges that petitioner is deportable under the provisions of § 241(a) (2) of the Immigration and Nationality Act ( 8 U.S.C. § 1251 (a) (2)). This section in substance states that any alien in the United States shall, on the order of the Attorney General, be deported who entered the United States without inspection.

A hearing was had on the order…