Yee Chien Woo v. George K. Rosenberg, District Director, Immigration and Naturalizationservice

This appeal presents the question whether an alien, otherwise entitled as a refugee to “Seventh Preference” treatment under § 203(a) (7) of the Immigration and Nationality Act, may be denied such treatment on the ground that he had become firmly resettled elsewhere and that his entry into the United States was not therefore emergent.

Appellee is a native of Shanghai, China. In 1952 his substantial business and financial holdings were confiscated by the Communist Government. He sought and was granted permission to leave Communist China for a foreign visit with the understanding that he would return. In 1958 he went to Hong Kong and has never returned to Communist China.

In Hong Kong he started a business under the name of Harry Woo Trading Company, taking orders for merchandise and clothing. He was married and a son was bom. In 1959 he was admitted to the United States temporarily as a visitor for business purposes, to operate a concession at the International World’s Fair in Portland, Oregon. He returned to Hong Kong later that year. On May 22, 1960, he made his second entry into the United States as a business visitor in connection with the San Diego Fair and International…