UNITED STATES EX REL. LEE KUM HOY ET AL.
v.
MURFF, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE
Per Curiam.
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.
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ET MIN NG v. Brownell, 258 F.2d 304 (9th Cir. 1958)…ect an instruction or directive authorizing the procedure which the Honolulu office followed. In United 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 proceedings. Reference is there made to instructions promulgated in early 1953, dealing with visa petitions and certificates…
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OI LAN LEE v. Dist. Dir. OF the Immigr. & Naturalization Serv. AT LOS Angeles, 573 F.2d 592 (9th Cir. 1978)…. § 204.2(c)(8) (1977). See Et Min Ng v. Brownell, 258 F. 2d 304, 308 (9th Cir. 1958); United States ex rel. Lee Kum Hoy v. Shaughnessy, 237 F. 2d 307, 309 (2d Cir. 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 [*595] 177 (1957). That regulation allows the district director to require blood tests to be made whenever preference classification is requested on the basis of blood relationship, and requires the district director to wi…
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Wong Kwok SUI v. Boyd, 285 F.2d 572 (9th Cir. 1960)…ood types found in the alleged father, mother and son. . Our decision is in accord with Lew Moon Cheung v. Rogers, 9 Cir., 272 F. 2d 354. And this court regards its result herein as wholly consistent with United States ex rel. Lee Kum Hoy v. Murff, 355 U.S. 169, 78 S.Ct. 203, 2 L.Ed.2d 177.…
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