Recent Cases: Constitutional Law — Aliens — Right of Due Process in Exclusion Proceedings

An alien, who had resided in the United States for twenty-five years, had married an American citizen and had purchased a home in the United States, left this country to visit his dying mother in Roumania. Upon his return, he was excluded from the United States by order of the Attorney General for security reasons, without a hearing and without being advised of the reason for his exclusion. After detention on Ellis Island for twenty-five months, while attempts to deport him failed because other countries refused to accept him, he sought release by habeas corpus, alleging unlawful confinement. The District Court and the Court of Appeals sustained the writ. Upon certiorari to the United States Supreme Court, held: reversed, four justices dissenting. The alien\u27s prior residence in the United States was immaterial since his present status was that of an entering alien; so denial of a hearing was not violative of due process