Kwong Hai Chew v. Colding facts for kids
Quick facts for kids Kwong Hai Chew v. Colding |
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| Argued October 17, 1952 Decided February 9, 1953 |
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| Full case name | Kwong Hai Chew v. Colding et al. The Sir John Franklin. |
| Docket nos. | 17 |
| Citations | 344 U.S. 590 (more)
73 S. Ct. 472; 97 L. Ed. 2d 576; 1953 U.S. LEXIS 2554
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| Prior history | 192 F.2d 1009 (2d Cir. 1951) |
| Holding | |
| A lawful permanent resident, who departs from and returns to the country as a seaman on an American ship, retains procedural due process rights and cannot be deported under 8 CFR § 175.57(b) without a hearing. | |
| Court membership | |
| Case opinions | |
| Majority | Burton, joined by Black, Reed, Frankfurter, Douglas, Jackson, Vinson, Clark |
| Dissent | Minton |
| Laws applied | |
| U.S. Const. amend. V, 8 C.F.R. 175.57b | |
Kwong Hai Chew v. Colding was an important case decided by the Supreme Court of the United States in 1953. The Court ruled that a person who lives legally and permanently in the U.S. (often called a green card holder) has the right to fair treatment and a hearing before being sent out of the country. This applies even if they leave and return as a sailor on an American ship.
Contents
What Happened?
This case was about a man named Kwong Hai Chew. He was a Chinese sailor who came to the United States in 1945.
Chew's Life in the U.S.
Kwong Hai Chew married a U.S. citizen and lived in New York. He was known for being a good person. In 1949, he officially became a permanent resident of the United States. This meant he had the right to live and work in the U.S. permanently.
Chew had also served honorably in the United States Merchant Marine during World War II. He never had any problems with the government. In 1950, he started the process to become a U.S. citizen. He also passed a check by the United States Coast Guard to work as a sailor on a merchant ship.
A Voyage and Trouble at the Border
In November 1950, Chew became the chief steward on a ship called the S.S. Sir John Franklin. This ship was registered in the U.S. and its home port was New York City. The ship went on a trip that included stops in several foreign countries in Asia. Kwong Hai Chew stayed on the ship the whole time.
When the ship returned to San Francisco in March 1951, an immigration officer stopped Chew. The officer said Chew was "temporarily excluded" from entering the U.S. They claimed his entry could be harmful to the public interest.
When the ship arrived in New York later that month, the government still would not let Chew off the ship. The main lawyer for the U.S. government, the United States Attorney General, then ordered that Chew's "temporary exclusion" become permanent. This meant Chew was not allowed back into the country. He was not given any information about why he was being stopped. He also wasn't given a chance to explain his side or challenge the decision.
Chew was held at Ellis Island. He then asked a court to review his detention, saying it was unfair and against his rights under the Fifth Amendment. However, a lower court and an appeals court both said his detention was allowed. They based their decision on a previous case called Knauff v. Shaughnessy.
The Supreme Court Steps In
Kwong Hai Chew asked the Supreme Court to review his case. The Supreme Court agreed to hear it.
The Court's Decision
On February 9, 1953, the Supreme Court announced its decision. Justice Harold Hitz Burton wrote the main opinion for the Court.
The Court decided that the Attorney General did not have the power to stop Kwong Hai Chew from entering the country and send him away without a hearing. They said Chew had the right to know what he was accused of and to have a chance to defend himself.
The Supreme Court ruled that a person who is a permanent legal resident of the U.S. and works as a sailor on an American ship, even if they travel outside the U.S., still has important rights. These rights include the right to fair treatment and a hearing before the government can try to send them out of the country.
