Barber

This is a motion for summary judgment in a declaratory judgment action by plaintiff, an alien seaman, that he is entitled to the benefits of the Refugee Relief Act of 1953, 50 U.S.C.A.Appendix, § 1971d. The issue is whether the plaintiff was “physically present in the United States” on August 7, 1953, the date provided in the statute. 50 U.S.C.A.Appendix, § 1971d.

*948 The stipulated facts are that plaintiff was hired in Yokohama, Japan, on April 7, 1953 for a voyage which lasted until August 11,1953, on a public vessel of the United States, the'United States Naval Ship “Sappa Creek”. At no time during the voyage did the vessel touch an American port, and on August 11, 1953, plaintiff was discharged in Kure, Japan.

The contention of plaintiff is that presence aboard a public vessel of the United States is physical presence in the United States within the meaning of 50 U.S.C.A.Appendix, § 1971d.

That contention is unfounded. United States ex rel. Claussen v. Day, 1929, 279 U.S. 398 , 49 S.Ct. 354 , 73 L.Ed. 758 . The distinction that in the case at bar the vessel is a public American vessel whereas in Claussen it was a private American vessel, is not sufficient to overcome the…