Rogers v. Quan,
357 U.S. 193 (1958)

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U.S. Supreme Court

Rogers v. Quan, 357 U.S. 193 (1958)

Rogers v. Quan

No. 396

Argued May 20, 1958

Decided June 16, 1958

357 U.S. 193


Respondents, natives of China, came to the United States between 1949 and 1954, seeking admission. All were paroled in the United States but have been ordered excluded. They applied for stays of deportation under § 243(h) of the Immigration and Nationality Act, on the ground that their deportation to China would subject physical persecution at the hands of the existing government. The stays were denied, and they sued for judgments declaring their nondeportability to China, directing consideration of their claims under §243(h), and restraining the Attorney General from deporting them.


1. Their release on parole did not alter their status as excluded aliens; they were not "within the United States," within the meaning of § 243(h); and thus they were not eligible for the benefits of that section. Len May Ma v. Barber, ante, p. 357 U. S. 185. P. 357 U. S. 194.

2. Deportation authority under the two exclusion sections, § 237 of the Immigration and Nationality Act and § 18 of the Immigration Act of 1917, is not confined to situations where deportation is immediate. Pp. 357 U. S. 194-196.

3. Regardless of which of the two exclusion sections, § 237(a) of the 1952 Act or § 18 of the 1917 Act, provides the basis for respondents' deportation, their applications for stays were all filed subsequent to the 1952 Act, and must be determined by that Act. P. 357 U. S. 196.

101 U.S.App.D.C. 229, 248 F.2d 89, reversed.

Page 357 U. S. 194

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