Tom We Shung v. Brownell, No. 11417.

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtPER CURIAM
Citation93 US App. DC 32,207 F.2d 132
Docket NumberNo. 11417.
Decision Date02 July 1953
PartiesTOM WE SHUNG v. BROWNELL et al.

93 US App. DC 32, 207 F.2d 132 (1953)

TOM WE SHUNG
v.
BROWNELL et al.

No. 11417.

United States Court of Appeals District of Columbia Circuit.

Argued April 17, 1953.

Decided July 2, 1953.

Writ of Certiorari Granted October 19, 1953.

Judgment Vacated December 7, 1953.


Mr. Jack Wasserman, Washington, D. C., for appellant.

Mr. Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Charles M. Irelan, U. S. Atty., Washington, D. C., at the time of argument, Ross O'Donoghue and William R. Glendon, Asst. U. S. Attys., Washington, D. C., at the time of argument, were on the brief, for appellees. Messrs. Leo A. Rover, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., at time record was filed, and William E. Kirk, Jr., Asst. U. S. Atty., Washington, D. C., at time brief was filed, also entered appearances for appellees.

Before WILBUR K. MILLER, PROCTOR and FAHY, Circuit Judges.

Writ of Certiorari Granted October 19, 1953. See 74 S.Ct. 70.

Judgment Vacated December 7, 1953. See 74 S.Ct. 237.

PER CURIAM.

Tom We Shung, appellant, is an alien born in China. He sought entry into the United States under authority of Act of Dec. 28, 1945, c. 591, § 1, 59 Stat. 659, 8 U.S.C. § 232 (1946 ed.), U.S.Code Cong. Service 1945, p. 634,1 upon the claim that he was a minor child of one Tom Wing, an honorably discharged veteran of World War II with United States citizenship. Admission was denied Shung upon the ground, as determined by a Board of Special Inquiry, that he had failed to satisfactorily establish his alleged relationship

207 F.2d 133
with Tom Wing. Suit was then filed in the District Court for a review under the Administrative Procedure Act, 60 Stat. 237, 5 U.S.C.A. § 1001 et seq., and for a declaratory judgment2 that the hearing before the Board of Special Inquiry was unfair and void; and that Tom We Shung is the blood son of Tom Wing and so admissible to the United States

In the course of hearings before the three-member Board of Special Inquiry its personnel was changed between hearings by substitution of one Immigration Inspector for another, and by substitution of a secretary, or clerk-stenographer, in place of another of the same rank. However, the members making final determination were familiar with all the evidence and no objection was raised to the changes either at the hearings or at any stage of the administrative proceedings.

On this appeal appellant repeats contentions unsuccessfully urged in...

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7 practice notes
  • Alappat, In re, No. 92-1381
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 29 Julio 1994
    ...Haven Co., 506 F.2d 1035, 1038 (2d Cir.1974) (party can abandon challenge to illegality of composition of NLRB); We Shung v. Brownell, 207 F.2d 132, 133 (D.C.Cir.) (party can abandon challenge to composition of immigration Board of Special Inquiry), vacated on other grounds, 346 U.S. 906, 7......
  • United States v. Murff
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 29 Julio 1959
    ...243 (1946), 5 U.S.C.A. § 1009. 4 Tom We Shung v. McGrath, D.C.D.C. 1952, 103 F.Supp. 507. 5 Tom We Shung v. Brownell, D.C.Cir., 1953, 207 F.2d 132. 6 1953, 346 U.S. 906, 74 S.Ct. 237, 98 L. Ed. 405. The Court merely cited Heikkila v. Barber, 1953, 345 U.S. 229, 73 S.Ct. 603, 97 L.Ed. 972, a......
  • Evans v. Murff, Civ. No. 7826.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • 29 Noviembre 1955
    ...before the Board of Immigration Appeals, and it is too late for him to raise it now. Tom We Shung v. Brownell, 93 U.S.App.D.C. 32, 207 F.2d 132. The more difficult questions arise out of the attack on the refusal to grant discretionary relief. In the first place, there is serious doubt whet......
  • Brownell v. We Shung, No. 43
    • United States
    • United States Supreme Court
    • 17 Diciembre 1956
    ...order was valid. Tom We Shung v. Page 182 McGrath, D.C., 103 F.Supp. 507, affirmed sub nom. Tom We Shung v. Brownell, 93 U.S.App.D.C. 32, 207 F.2d 132. We vacated the judgment and remanded the cause to the District Court with directions to dismiss it for lack of jurisdiction, 346 U.S. 906, ......
  • Request a trial to view additional results
7 cases
  • Alappat, In re, No. 92-1381
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 29 Julio 1994
    ...Haven Co., 506 F.2d 1035, 1038 (2d Cir.1974) (party can abandon challenge to illegality of composition of NLRB); We Shung v. Brownell, 207 F.2d 132, 133 (D.C.Cir.) (party can abandon challenge to composition of immigration Board of Special Inquiry), vacated on other grounds, 346 U.S. 906, 7......
  • United States v. Murff
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 29 Julio 1959
    ...243 (1946), 5 U.S.C.A. § 1009. 4 Tom We Shung v. McGrath, D.C.D.C. 1952, 103 F.Supp. 507. 5 Tom We Shung v. Brownell, D.C.Cir., 1953, 207 F.2d 132. 6 1953, 346 U.S. 906, 74 S.Ct. 237, 98 L. Ed. 405. The Court merely cited Heikkila v. Barber, 1953, 345 U.S. 229, 73 S.Ct. 603, 97 L.Ed. 972, a......
  • Evans v. Murff, Civ. No. 7826.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • 29 Noviembre 1955
    ...before the Board of Immigration Appeals, and it is too late for him to raise it now. Tom We Shung v. Brownell, 93 U.S.App.D.C. 32, 207 F.2d 132. The more difficult questions arise out of the attack on the refusal to grant discretionary relief. In the first place, there is serious doubt whet......
  • Brownell v. We Shung, No. 43
    • United States
    • United States Supreme Court
    • 17 Diciembre 1956
    ...order was valid. Tom We Shung v. Page 182 McGrath, D.C., 103 F.Supp. 507, affirmed sub nom. Tom We Shung v. Brownell, 93 U.S.App.D.C. 32, 207 F.2d 132. We vacated the judgment and remanded the cause to the District Court with directions to dismiss it for lack of jurisdiction, 346 U.S. 906, ......
  • Request a trial to view additional results

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