Legal Definitions - Kwong Hai Chew v. Colding

Kwong Hai Chew v. Colding is a legal case that was decided by the United States Supreme Court in 1953. The case dealt with the rights of a lawful permanent resident of the United States who was facing deportation.

The Supreme Court held that the Attorney General did not have the authority to order the permanent exclusion and deportation of a lawful permanent resident of the United States without providing notice of the charges against him and the opportunity to be heard.

For example, if a person who is a lawful permanent resident of the United States is facing deportation, they must be given notice of the charges against them and the opportunity to be heard. They cannot be deported without a fair hearing.

In the case of Kwong Hai Chew v. Colding, the petitioner was a permanent resident alien who was temporarily excluded on the basis of a regulation that gave the Attorney General authority to do so based onconfidentialinformation and without a hearing. The Attorney General later made the exclusion permanent, claiming that his entry was prejudicial to the public interest. The petitioner sought a writ of habeas corpus, contending that his detention violated due process of law granted by the Fifth Amendment.

This case illustrates the importance of due process of law and the right to be heard. Even if a person is not a citizen of the United States, they still have certain rights under the Constitution. In this case, the Supreme Court held that a lawful permanent resident of the United States cannot be deported without a fair hearing. This ensures that the government cannot simply deport someone without giving them a chance to defend themselves.