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Keywords

attorneyhearingregulationdue processdeportationrespondentliens
attorneyhearingregulationdue processdeportationrespondentliens

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U.S. Shaughnessy v. U.S. ex rel. Mezei

Facts

Respondent was born abroad and had lived in the United States for over 25 years before leaving for Europe in 1948. After being denied entry to Rumania, he spent 19 months in Hungary and then attempted to return to the U.S. but was temporarily excluded by an immigration inspector. The Attorney General later made this exclusion permanent without a hearing, citing national security concerns. Respondent was stranded on Ellis Island as no other country would accept him.

Respondent was born abroad and had lived in the United States for over 25 years before leaving for Europe in 1948. After being denied entry to Rumania, he spent 19 months in Hungary and then attempted to return to the U.S. but was temporarily excluded by an immigration inspector. The Attorney General later made this exclusion permanent without a hearing, citing national security concerns. Respondent was stranded on Ellis Island as no other country would accept him.

Issue

Whether the Attorney General's continued exclusion of the respondent without a hearing amounts to an unlawful detention.

Whether the Attorney General's continued exclusion of respondent without a hearing amounts to an unlawful detention.

Rule

The power to expel or exclude aliens is a fundamental sovereign attribute exercised by the Government's political departments, largely immune from judicial control. An alien on the threshold of initial entry stands on a different footing than those who have previously entered the U.S.

The power to expel or exclude aliens is a fundamental sovereign attribute exercised by the Government's political departments, largely immune from judicial control. An alien on the threshold of initial entry stands on a different footing than those who have previously entered the U.S.

Analysis

The Court determined that the respondent's situation was one of exclusion rather than deportation. His prior residence in the U.S. did not alter his status as an entrant alien, and thus he could be excluded without a hearing. The Court emphasized that the Attorney General's determinations in exclusion cases are final and cannot be reviewed by the courts.

The Court determined that the respondent's situation was one of exclusion rather than deportation. His prior residence in the U.S. did not alter his status as an entrant alien, and thus he could be excluded without a hearing. The Court emphasized that the Attorney General's determinations in exclusion cases are final and cannot be reviewed by the courts.

Conclusion

The Supreme Court reversed the judgment of the lower court, holding that the respondent was an entrant under the regulations and could be excluded without a hearing. The Court found that his continued exclusion was not unconstitutional.

The Supreme Court reversed the judgment of the lower court, holding that the respondent was an entrant under the regulations and could be excluded without a hearing. The Court found that his continued exclusion was not unconstitutional.

Who won?

The United States government prevailed in the case, as the Supreme Court held that the exclusion of the respondent was lawful and did not violate due process.

The United States government prevailed in the case, as the Supreme Court held that the exclusion of the respondent was lawful and did not violate due process.

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