Tsiang Hsi Tseng v. Del Guercio
Opinion
lead Opinion
Byrne, J.
The plaintiff, a native and citizen of China, lawfully entered this country more than 30 years ago for the purpose of a temporary stay to study Political Science and Economics at Stanford University. He has remained here continuously since that entry on July 8,1926.
*804 On September 20, 1939, a warrant of arrest was issued alleging that plaintiff was subject to deportation on the ground that he had failed to maintain the status of a student. Following hearings it was recommended that plaintiff be deported and on February 20, 1940, the Secretary of Labor so ordered. Between 1940 and 1949 several stays were granted and on January 28, 1949, the hearing was or-, dered reopened to allow the plaintiff to apply for discretionary relief from deportation. The reopened hearing was held on March 24,1949, and continued to June 19, 1950, at which time additional testimony was taken and another adjournment allowed upon plaintiff’s request that he be permitted time to obtain evidence in support of his application for suspension of deportation. On July 28, 1950, the hearing was resumed and completed. Plaintiff was represented by counsel at all of these hearings.