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Rogers v. Quan, 357 U.S. 193 (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.
Rogers v. Quan, 357 U.S. 193 (1958)
Rogers v. Quan No. 396 Argued May 20, 1958 Decided June 16, 1958 357 U.S. 193
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
Respondents, natives of China, came to the United States between 1949 and 1954, seeking admission. All were paroled in the United States but have been ordered excluded. They applied for stays of deportation under § 243(h) of the Immigration and Nationality Act, on the ground that their deportation to China would subject them.to physical persecution at the hands of the existing government. The stays were denied, and they sued for judgments declaring their nondeportability to China, directing consideration of their claims under §243(h), and restraining the Attorney General from deporting them.
Held:
1. Their release on parole did not alter their status as excluded aliens; they were not "within the United States," within the meaning of § 243(h); and thus they were not eligible for the benefits of that section. Len May Ma v. Barber, ante, p. 185. P. 194.
2. Deportation authority under the two exclusion sections, § 237 of the Immigration and Nationality Act and § 18 of the Immigration Act of 1917, is not confined to situations where deportation is immediate. Pp. 194-196.
3. Regardless of which of the two exclusion sections, § 237(a) of the 1952 Act or § 18 of the 1917 Act, provides the basis for respondents’ deportation, their applications for stays were all filed subsequent to the 1952 Act, and must be determined by that Act. P. 196.
101 U.S.App.D.C. 229, 248 F.2d 89, reversed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Rogers v. Quan, 357 U.S. 193 (1958) in 357 U.S. 193 357 U.S. 194. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=9D76ALGTTHJYM6A.
MLA: U.S. Supreme Court. "Syllabus." Rogers v. Quan, 357 U.S. 193 (1958), in 357 U.S. 193, page 357 U.S. 194. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=9D76ALGTTHJYM6A.
Harvard: U.S. Supreme Court, 'Syllabus' in Rogers v. Quan, 357 U.S. 193 (1958). cited in 1958, 357 U.S. 193, pp.357 U.S. 194. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=9D76ALGTTHJYM6A.
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