LOCATION:Shell Lake, Wisconsin
DOCKET NO.: 81-129
DECIDED BY: Burger Court (1981-1986)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 459 US 21 (1982)
ARGUED: Oct 05, 1982
DECIDED: Nov 15, 1982
Elliott Schulder – on behalf of the Petitioner
Gary H. Manulkin – on behalf of the Respondent
Media for Landon v. Plasencia
Audio Transcription for Opinion Announcement – November 15, 1982 in Landon v. Plasencia
Warren E. Burger:
The judgment and opinion of the Court in Landon against Plasencia will be announced by Justice O’Connor.
Sandra Day O’Connor:
This case comes to the Court on writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The respondent is a permanent resident alien.
She made a brief visit to Mexico.
On her return to the United States, she was denied admission by the Immigration and Naturalization Service after an exclusion hearing and a determination that she had attempted to smuggle aliens across the border.
Respondent petitioned for a writ of habeas corpus in the Federal District Court.
The District Court vacated the INS’s decision and ordered it to proceed against respondent, if at all, only in a deportation proceeding.
The Court of Appeals affirmed.
In the opinion filed today, we reverse and hold that a permanent resident alien returning to this country from a brief visit abroad is not a statutory matter entitled to a deportation proceeding rather than an exclusion hearing to determine whether the alien is excludable.
We hold, however, that in the circumstances of this case, the alien is entitled to due process.
We remand to the Ninth Circuit to determine what procedures are required in the exclusion hearing and whether a respondent was accorded due process.
Justice Marshall has filed a separate opinion concurring in part and dissenting in part.
Warren E. Burger:
Thank you, Justice O’Connor.