Tai Chiu Wong v. David N. Ilchert, District Director of Ins

Tai Chiu Wong, a native and resident of Hong Kong, appeals from the district court’s summary judgment entered against him in his action to enjoin the District Director of the United States Immigration and Naturalization Service (INS), the Attorney General of the United States, and the Commissioner of the INS from deporting him. See Wong v. Ilchert, 785 F.Supp. 822, 825 (N.D.Cal.1991). Wong contends that he is a national of the People’s Republic of China (PRC), and therefore entitled to relief under Executive Order 12711. That order was issued in response to the events at Tiananmen Square in 1989. It directs the Attorney General to defer deportation and to approve work authorization for all PRC nationals who were in the United States between June 5, 1989, and April 11, 1990. We agree with the district court that this order does not apply to Wong, and we accordingly affirm.

BACKGROUND

Wong arrived in the United States on a visitor visa in March, 1990. He carried a British passport that declared him to be a British Dependent Territories Citizen from Hong Kong. Wong remained in the United States illegally after his visa had expired.

Wong was arrested for reckless driving, and from…