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Kwong Hai Chew v. Colding, 344 U.S. 590 (1953)
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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.
Kwong Hai Chew v. Colding, 344 U.S. 590 (1953)
Kwong Hai Chew v. Colding No. 17 Argued October 17, 1952 Decided February 9, 1953 344 U.S. 590
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Under 8 CFR § 175.57(b), a regulation pertaining to the entry of aliens into the United States, the Attorney General has no authority to deny to an alien who is a lawful permanent resident of the United States, and who is continuously residing and physically present therein, an opportunity to be heard in opposition to an order for his "permanent exclusion" and consequent deportation, even when the Attorney General determines that the order is based on information of a confidential nature the disclosure of which would be prejudicial to the public interest. Pp. 591-600.
(a) Knauff v. Shaughnessy, 338 U.S. 537, distinguished. Page 596.
(b) The term "excludable," in § 175.57(b), is inapplicable to aliens who are lawful permanent residents physically present within the United States. P. 599.
(c) Nothing in the statute or the Presidential Proclamations under which this regulation was issued requires or permits a broader interpretation of this section. Pp. 599-600.
2. Petitioner is an alien and a lawful permanent resident of the United States, who currently maintains his residence in the United States and usually is physically present there. While returning from a voyage to foreign ports as a seaman on a vessel of American registry with its home port in the United States, he was detained on board by an order of the Attorney General and ordered "temporarily excluded" from the United States under 8 CFR § 175.57, as an alien whose entry was deemed prejudicial to the public interest. He was denied a hearing by the Attorney General on the ground that the order was based on information of a confidential nature, the disclosure of which would be prejudicial to the public interest, and he was ordered to be permanently excluded from the United States.
Held: petitioner’s detention, without notice of any charges against him and without opportunity to be heard in opposition to them, was not authorized by 8 CFR § 175.57(b). Pp. 600-603.
192 F.2d 1009, reversed.
Petitioner’s application for a writ of habeas corpus was dismissed by the District Court. 97 F.Supp. 592. The Court of Appeals affirmed. 192 F.2d 1009. This Court granted certiorari. 343 U.S. 933. Reversed and remanded, p. 603.
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Chicago: U.S. Supreme Court, "Syllabus," Kwong Hai Chew v. Colding, 344 U.S. 590 (1953) in 344 U.S. 590 344 U.S. 591. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=L8FL8KITBMXY2JC.
MLA: U.S. Supreme Court. "Syllabus." Kwong Hai Chew v. Colding, 344 U.S. 590 (1953), in 344 U.S. 590, page 344 U.S. 591. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=L8FL8KITBMXY2JC.
Harvard: U.S. Supreme Court, 'Syllabus' in Kwong Hai Chew v. Colding, 344 U.S. 590 (1953). cited in 1953, 344 U.S. 590, pp.344 U.S. 591. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=L8FL8KITBMXY2JC.
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