Siu Fung Luk v. George K. Rosenberg, District Director, Immigration and Naturalization Service of the United States Department of Justice

Appellant, a native and citizen of China, arrived in the United States as a member of the crew of the SS “Pacific Leader” on June 30, 1962, at the port of New York. The Immigrant Inspector found him not eligible for a conditional permit to land under 8 U.S.C. § 1282 , and paroled him under 8 U.S.C. § 1182 (d) (5) until July 29, 1962 or the date his vessel sailed foreign, whichever occurred first.

Appellant failed to depart on the vessel and was not located by the Immigration and Naturalization Service until April 1965, when he was found in New York City, working as a chef. His parole was terminated and the transportation company whose vessel brought him to the United States was notified of its obligation to deport appellant under 8 U.S.C. § 1284 . Pending arrangements for appellant’s removal from the United States by the company, he was again paroled on April 22, 1965, upon the posting of a $1500 bond. (R. 17) In May 1965 appellant notified the Immigration Service that he was leaving New York for Los Angeles, California, and upon his arrival in Los Angeles, he notified the Service of his new address.

On August 10,1965, appellant was notified that the parole of April 22, 1965 was…