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
- 66 Stat. 200
- 8 U.S.C. § 1226
- 66 Stat. 204
- 8 U.S.C. § 1251
- 66 Stat. 214
- 8 U.S.C. § 1253
- 66 Stat. 195
- 8 U.S.C. §§ 1221-1230