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Landon Vs. Plasencia
Cites for this judgment
- US Supreme Court
- Nov 15, 1982
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U.S. 21 (1982) U.S. Supreme Court Landon v. PlasenciaSearch
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U.S. 21 (1982) Landon v. PlasenciaSearch
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of Rosenberg v. FleutiSearch
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if at all, only in deportation proceedings. The Court of Appeals for the Ninth Circuit affirmed. Plasencia v. SureckSearch
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deportation hearings and exclusion hearings. See generally Leng May Ma v. BarberSearch
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States seeking admission. The two types of proceedings differ in a number of ways. See generally Maldonado-Sandoval v. INSSearch
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of entry can be determined only in deportation proceedings reflects a misconception of our decisions. In Rosenberg v. FleutiSearch
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be determined in exclusion proceedings. For guidance on that decision, the Court of Appeals turned to Kwong Hai Chew v. ColdingSearch
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when the facts relevant to the determination of jurisdiction are also relevant to the merits. Thus, in United States v. SingSearch
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whether an applicant for admission was an alien or a citizen, although only aliens were subject to exclusion. Cf. Land v. DollarSearch
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for the power to admit or exclude aliens is a sovereign prerogative. See, e.g., United States ex rel. Knauff v. ShaughnessySearch
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Nishimura Ekiu v. UnitedSearch
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U. S. 651 , 142 U. S. 659 -660 (1892). Our recent decisions confirm that view. See, e.g., Fiallo v. BellSearch
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U. S. 753 (1972). As we explained in Johnson v EisentragerSearch
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resident alien is entitled to a fair hearing when threatened with deportation, see, e.g., United State ex rel. Tisi v. TodSearch
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permanent resident alien has a right to due process in such a situation. See, e.g., United States ex rel. Vajtauer v. CommissionerSearch
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Wong Yang Sung v. McGrathSearch
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U. S. 153 -154 (1945). The question of the procedures due a returning resident alien arose in Kwong Hai Chew v. ColdingSearch
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recognized constitutional rights in the resident alien returning from a brief trip abroad were dispelled by Rosenberg v. FleutiSearch
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U. S. 596 , to that of an alien continuously residing and physically present in the United States. In Shaughnessy v. UnitedSearch
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sufficiency of procedures provided in any situation, of course, varies with the circumstances. See, e.g., Lassiter v. DepartmentSearch
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Greenholtz v. NebraskaSearch
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interest of the government in using the current procedures, rather than additional or different procedures. Mathews v. EldridgeSearch
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right to rejoin her immediate family, a right that ranks high among the interests of the individual. See, e.g., Moore v. CitySearch
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Chew was entitled to a hearing at which the INS was the moving party and bore the burden of proof. Kwong Hai Chew v. RogersSearch
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found to be as apparent. Earlier judicial constructions of the term in the immigration laws, as set forth in Volpe v. SmithSearch
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his return to the United States from a foreign country where he had no intent to leave the United States ( Di Pasquale v. KarnuthSearch
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F.2d 878 (C.C.A.2d 1947)), or did not leave the country voluntarily ( Deladillo v. CarmichaelSearch
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Mullane v. CentralSearch
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Hanover Bank & Trust Co., 339 U. S. 306 , 339 U. S. 313 (1950). See, e.g., Bell v. BursonSearch
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in a manner adequate to apprise the individual of the basis for the government's proposed action. Wolff v. McDonnellSearch
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Goldberg v. KellySearch
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addressed in the briefs and at oral argument, there is no doubt that the Court may now decide the issue. See Vance v. TerrazasSearch
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U.S. Supreme Court Landon v. PlasenciaSearch
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Plasencia v. SureckSearch
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Maldonado-Sandoval v. INSSearch
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