355 U.S. 169 - United States Lee Kum Hoy v. L Murff
355 US 169 United States Lee Kum Hoy v. L Murff
355 U.S. 169
78 S.Ct. 203
2 L.Ed.2d 177
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.
No. 32.
Argued Nov. 21, 1957.
Decided Dec. 9, 1957.
Mr. Benjamin Gim, New York City, for petitioners.
Mr. John F. Davis, Washington, D.C., for respondents.
PER CURIAM.
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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.