United States Lee Kum Hoy v. Murff
Decision Date | 09 December 1957 |
Docket Number | No. 32,32 |
Citation | 2 L.Ed.2d 177,355 U.S. 169,78 S.Ct. 203 |
Parties | UNITED STATES of America, ex rel. LEE KUM HOY, Lee Kum Cherk, and Lee Moon Wah, Petitioners, v. John L. MURFF, District Director of Immigration and Naturalization Service |
Court | U.S. Supreme Court |
Mr. Benjamin Gim, New York City, for petitioners.
Mr. John F. Davis, Washington, D.C., for respondents.
In view of the representation in the Solicitor General's argument at the Bar that the blood grouping test requirement here involved is presently and has been for some time applied without discrimination 'in every case, irrespective of race, whenever deemed necessary,' and in view of our remand of the case, we need not now pass upon the claim of unconstitutional discrimination.
It appearing that the blood grouping tests made herein were in some respects inaccurate and the reports thereof partly erroneous and conflicting, the judgments heretofore entered are vacated and the case is remanded to the District Court with directions that the hearings before the Special Inquiry Officer or a Board of Special Inquiry be reopened, so that new, accurate blood grouping tests may be made under appropriate circumstances, and that relevant evidence may be received as offered on the issues involved. The excludability of petitioners remains to be determined upon those proceedings.
Judgments vacated and case remanded with directions.
To continue reading
Request your trial-
Matter of L----
...v. Shaughnessy, 115 F. Supp. 302, 123 F. Supp. 674 (D.C.N.Y., 1953-1955), 237 F.2d 307 (C.A. 2, 1956), 352 U.S. 966; United States ex rel. Lee Kum Hoy v. Murff, 355 U.S. 169; Lue Chow Kon v. Brownell, 122 F. Supp. 370, 220 F.2d 187 (C.A. 2, 1955), 146 F. Supp. 3, 245 F.2d 874 (C.A. 2, 1957)......
-
Et Min Ng v. Brownell, 15767.
...States ex rel. Lee Kum Hoy v. Shaughnessy, 2 Cir., 237 F.2d 307, reversed on other grounds, sub nom. United States ex rel. Lee Kum Hoy v. Murff, 355 U.S. 169, 78 S.Ct. 203, 2 L.Ed. 2d 177, there is a discussion of the history of blood tests in Immigration and Naturalization Service proceedi......
-
Oi Lan Lee v. District Director of Immigration and Naturalization Service at Los Angeles, Cal., 76-2755
... ... SERVICE AT LOS ANGELES, CALIFORNIA, Defendant-Appellee ... No. 76-2755 ... United States Court of Appeals, ... Ninth Circuit ... March 21, 1978 ... Rehearing Denied April 20, ... 1956), rev'd on other grounds sub nom. United States ex rel. Lee Kum Hoy v. Murff, 355 U.S. 169, 78 S.Ct. 203, 2 L.Ed.2d ... 177 (1957). That regulation allows the district ... ...
-
Matter of C----Y----L----
...with Lew Moon Cheung v. Rogers, 9 Cir., 272 F.2d 354. And this court regards its results herein as wholly consistent with Lee Kum Hoy v. Murff, 355 U.S. 169.] We have quoted at length from the Circuit Court's decision in Wong Kwok Sui v. Boyd, supra, because it does not, as yet, appear to b......