Supreme Court of the United States

Leng May Ma v. Barber, District Director, Immigration and Naturalization Service

June 16, 1958357 U.S. 185

Summary

The Court held that a parolee who has not been admitted is not “within the United States” for purposes of § 243(h) and therefore is ineligible for a stay of deportation; the decision was affirmed. Justice Douglas dissented, arguing that the statute should be read to protect the parolee from persecution.

Holding

  • Whether a parolee who has not been admitted is “within the United States” for the purposes of § 243(h) of the Immigration and Nationality Act.. No; parole does not alter the alien’s status as an excluded alien and does not place her “within the United States” for § 243(h).

Docket 105

Cited authorities