CHENG FU SHENG ET AL.
v.
UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE
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Mr. Justice Douglas,
dissenting.
I would grant this petition and put the case down for argument.
Under § 243 (h) of the Immigration and Nationality Act, 66 Stat. 214, as amended, 79 Stat. 918, 8 U. S. C. § 1253 (h) (1964 ed., Supp. Ill), the Attorney General is authorized to withhold deportation of any alien who would, if returned to his country, be subject “to persecution on account of . . . political opinion.”
Taiwan’s intolerance of criticism is well known. Lei Chen, after a one-day military trial, was sentenced to 10 years for trying to form a non-Communist political party in opposition to the Kuomintang. Military trials of men expressing “radical” ideas are common. The pressures to conform to Kuomintang orthodoxy are so great that no more than 5% of the students who go abroad to study return to Taiwan.
These petitioners, who have denounced the Chiang Kai-shek regime as a “police state,” will most assuredly either face a firing squad on their return or receive heavy sentences. Any person critical of the regime is called a “defector.” The list of political victims of Taipei’s intolerance is too long and the secret military trials of dissidents too notorious for me to acquiesce in denial of certiorari here.
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Gena v. Immigr. & Naturalization Serv., 424 F.2d 227 (5th Cir. 1970)…mmigration and Naturalization Service, 9 Cir. 1969, 407 F. 2d 102; Hosseinmardi v. Immigration and Naturalization Service, 9 Cir. 1968, 405 F. 2d 25; Cheng Fu Sheng v. Immigration and Naturalization Service, 9 Cir. 1968, 400 F. 2d 678, cert. denied, 393 U.S. 1054, 89 S.Ct. 690, 21 L.Ed.2d 696; Asghari v. Immigration and Naturalization Service, 9 Cir. 1968, 396 F. 2d 391; Cheng Kai Fu v. Immigration and Naturalization Service, 2 Cir. 1967, 386 F. 2d 750, cert. denied, 390 U.S. 1003, 88 S.Ct. 1247, 20 L.Ed.2d…
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United States ex rel. Beaumont Gereau v. Henderson, 526 F.2d 889 (5th Cir. 1976)…18 U.S.C.A. § 4082, note 2, supra. The sentencing court may only recommend a place of confinement for the Attorney General’s consideration. United States v. McIntyre, S.D.N.Y., 1967, 271 F.Supp. 991, aff’d, 2 Cir., 1968, 396 F. 2d 859, cert. denied, 393 U.S. 1054, 89 S.Ct. 695, 21 L.Ed.2d 697 (1969); Bauers v. Heisel, 4 Cir., 1966, 361 F. 2d 581. With all of the complexities of penology, sociology and criminology, much of which is in a state of undulating flux even for those expert in the field, courts and j…
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Troglia v. United States, 602 F.2d 1334 (9th Cir. 1979)…e authoritative touchstone for deciding whether the Government is liable. Callaway v. Garber, 289 F. 2d 171 (9th Cir.), cert. denied, 368 U.S. 874, 82 S.Ct. 120, 7 L.Ed.2d 76 (1961); United States v. Lee, 400 F. 2d 558 (9th Cir. 1968), cert. denied, 393 U.S. 1054, 89 S.Ct. 691, 21 L.Ed.2d 695 (1969). The Feres rule has attracted more than its share of confusion in subsequent judicial opinions. Some decisions reflect an overly abstract view of what the Feres decision stands for. For example, in Archer v. Uni…
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