285 F.2d 517 (7th Cir. 1960), 13032, Chao-Ling Wang v. Pilliod

Docket Nº:13032, 13033.
Citation:285 F.2d 517
Party Name:CHAO-LING WANG, Plaintiff-Appellant, v. Alva L. PILLIOD, District Director, Chicago District, United States Department of Justice, Immigration and Naturalization Service, Defendant-Appellee. CHAO-LING WANG, Plaintiff-Appellee, v. Alva L. PILLIOD, District Director, Chicago District, United States Department of Justice, Immigration and Naturalizatio
Case Date:December 27, 1960
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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Page 517

285 F.2d 517 (7th Cir. 1960)

CHAO-LING WANG, Plaintiff-Appellant,

v.

Alva L. PILLIOD, District Director, Chicago District, United States Department of Justice, Immigration and Naturalization Service, Defendant-Appellee.

CHAO-LING WANG, Plaintiff-Appellee,

v.

Alva L. PILLIOD, District Director, Chicago District, United States Department of Justice, Immigration and Naturalization Service, Defendant-Appellant.

Nos. 13032, 13033.

United States Court of Appeals, Seventh Circuit.

December 27, 1960

Page 518

Charles D. Stein, Charles Pressman, Chicago, Ill., for Chao-Ling Wang.

Robert Tieken, U.S. Atty., Elmer M. Walsh, Jr., Asst. U.S. Atty., Chicago, Ill. (John Peter Lulinski, Asst. U.S. Atty., Chicago, Ill., Charles Gordon, Regional Counsel for Northwest Region, Immigration and Naturalization Service, St. Paul, Minn., of counsel), for Pilliod.

Before HASTINGS, Chief Judge, and DUFFY and CASTLE, Circuit Judges.

DUFFY, Circuit Judge.

Plaintiff is a single male alien who was born in Nanking, China. He is a citizen of the Republic of China whose provisional Capitol is located at Taipei, Taiwan (Formosa). He entered the United States on January 22, 1955, as a Junior Lieutenant of the Chinese Nationalist Navy to participate in a course of military instruction. He had been a member of the Chinese Nationalist Navy since 1945, and an officer since 1951. He completed his training in July, 1955, and was ordered by his superior officers to return to Formosa for duty. He refused to obey this order, and has sought to remain in the United States.

On August 31, 1956, plaintiff was ordered deported pursuant to § 241(a)(9) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1251(a)(9), for failure to comply with the conditions of his status as a foreign government official. The order of deportation was appealed to the Board of Immigration Appeals, and the appeal was dismissed on the merits. It is conceded that plaintiff is a deportable alien.

On March 7, 1957, a warrant of deportation was issued directing plaintiff's deportation 'to England, if that country will accept him; otherwise to Formosa, if that country will accept him or to the mainland of China.' The British Counsul General at Chicago notified plaintiff he would not be permitted to enter the United Kingdom.

On March 28, 1957, plaintiff filed a petition under § 243(h) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. § 1253(h), 1 alleging he will be subject to physical persecution if deported to either China or Formosa.

The Special Inquiry Officer recommended that plaintiff should be granted a stay of deportation to the mainland of China. The officer then discussed the political situation in Formosa, and considered the testimony given by the applicant and Dr. Wu, a former Governor of Formosa. The Government did not offer any evidence. The officer...

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