Ex parte Tsiang Hsi Tseng

Good Law
24 F.2d 213·1928 U.S. Dist. LEXIS 967
United States District Court, Northern District of CaliforniaFebruary 8, 1928No. 19650California822 words

Opinion

Lead Opinion

Kerrigan, J.

This petition for habeas corpus is brought by Tsiang Hsi Tseng, who has been ordered deported upon the ground that he has failed to maintain the exempt status of student, under which he was admitted to the United States July 9,1926. The section of the Immigration Act of 1924 applicable is as follows:

The rule of the Department of Labor concerning maintenance of student status and deportation for failure to do so states:

Petitioner contends that-there is no evidence in the record supporting the finding of the immigration authorities that he has abandoned his status as a student. It appears from the record that he entered the United States July 9, 1926, intending to enter Stanford University. The earliest date at which he could enter Stanford was October 1, 1926, for the autumn quarter, and he registered on that date. In the interval between 'his entry into the country and his registration at Stanford he wrote articles for a Chinese newspaper. In November, 1926, he applied for and received leave from Stanford, and began to do proof reading and other work for a Chinese paper, without salary. Shortly afterwards he received warning from the immigration authorities that he would lose…

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