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UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Diamond Kimm,
Appellant,
vs.
Richard C. Hoy, District Director, Immigration and Naturalization Service,
Appellee.
No. 15,763
Feb. 19,1959
Appeal from the United States District Court for the
Southern District of California
Central Division
Before: CHAMBERS, BARNES and HAMLIN, Circuit Judges
BARNES, Circuit Judge:
Appellant sued below to enjoin officers of the Immigration and
Naturalization Service in Los Angeles from deporting him to
Korea. Review of a somewhat complicated chronology becomes
necessary to fully understand the matter.
Appellant, a native of Korea, now fifty-seven years of age,
was originally admitted to this country on July 6, 1928, as a
non-quota immigrant student under the provisions of §4(e) of
the Immigration Act of 1924, 8 U.S.C. § 204(e) (1940 ed.). He
was readmitted to the United States in July 1935 after a few
hours in Tijuana, Mexico, to resume his student status. Such
leaving and re-entry was proper under General Order 94 issued
on September 12, 1932. Other than that one time, appellant has
remained continuously within the United States since his arrival
in 1928.
In 1937 appellant planned to return to Korea, but the Korean-
Japanese War made that unacceptable to appellant. In 1938
appellant sought and accepted full-time employment.