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

This case has been remanded to this court following reversal of our earlier decision, Yee Chien Woo v. Rosenberg, 419 F.2d 252 (9th Cir. 1969). Appellee sought “Seventh Preference” treatment as a refugee under § 203(a) (7) of the Immigration and Nationality Act, 8 U. S.C. § 1153(a) (7). We held that since appellee was a national of no country but Communist China, he was entitled to Seventh Preference classification notwithstanding the fact that he may have become firmly resettled in Hong Kong following his flight from China.

The Supreme Court, in Rosenberg v. Yee Chien Woo, 402 U.S. 49 , 91 S.Ct. 1312 , 28 L.Ed.2d 592 (1971), reversed upon this point and remanded in order that we might review, under the legal test and appropriate standards set out by the Court, the District Court’s findings that appellee had never firmly resettled in Hong Kong.

The facts of appellee’s resettlement are set forth in our earlier opinion, 419 F.2d at page 253 . Upon these facts the Immigration and Naturalization Service, in denying appellee a preference classification, found that he had firmly resettled in Hong Kong. The District Court reached the opposite result.

With reference to standards for…