Legal Definitions - Landon v. Plasencia

Definition: A 1982 Supreme Court case that established that the Immigration and Naturalization Service (INS) has the power to determine if a permanent resident alien can enter the United States in an exclusion hearing, but that permanent resident aliens have the right to due process in these proceedings.

Example: In Landon v. Plasencia, the Supreme Court ruled that the INS had the authority to deny the entry of a permanent resident alien in an exclusion hearing, rather than a deportation hearing. The Court also established that permanent resident aliens have the right to due process in these proceedings, meaning they have the right to be notified of the charges against them and the right to present a defense.

Explanation: This case illustrates the balance between the government's power to regulate immigration and the rights of permanent resident aliens. The Court determined that the INS had the authority to determine admissibility in an exclusion hearing, but that permanent resident aliens have the right to due process in these proceedings. This means that they have the right to be treated fairly and given notice of the charges against them, even though they are not citizens of the United States.