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Leng May Ma v. Barber, 357 U.S. 185 (1958)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Leng May Ma v. Barber, 357 U.S. 185 (1958)
Leng May Ma v. Barber No. 105 Argued May 20, 1958 Decided June 16, 1958 357 U.S. 185
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Petitioner, a native of China, came to the United States in 1951, claiming citizenship. Pending determination of her claim, she was at first held in custody, but later was released on parole. When it was determined that she was not a citizen, she was ordered excluded. She surrendered, but applied for a stay of deportation under § 243(h) of the Immigration and Nationality Act on the ground that her deportation to China would subject her to physical persecution and probable death at the hands of the existing government. The stay was denied, and she sought a writ of habeas corpus.
Held: her release on parole did not alter her status as an excluded alien; she was not "within the United States," within the meaning of § 243(h), and thus she was not eligible for the benefits of that section. Pp. 185-190.
241 F.2d 85 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Leng May Ma v. Barber, 357 U.S. 185 (1958) in 357 U.S. 185 Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=4MNZ418GYLJDBJS.
MLA: U.S. Supreme Court. "Syllabus." Leng May Ma v. Barber, 357 U.S. 185 (1958), in 357 U.S. 185, Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4MNZ418GYLJDBJS.
Harvard: U.S. Supreme Court, 'Syllabus' in Leng May Ma v. Barber, 357 U.S. 185 (1958). cited in 1958, 357 U.S. 185. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=4MNZ418GYLJDBJS.
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