Getting Back In: The Plasencia Decision and the Permanent Resident Alien's Right to Procedural Due Process

Authors

Gerald M. Kouri Jr.

Abstract

In Landon v. Plasencia, the United States Supreme Court reversed the Ninth Circuit Court of Appeals and held that a permanent resident alien returning to the United States from a brief visit abroad is not necessarily entitled to have the question of her admissibility determined at a deportation hearing. The Court has, however, clarified the standards to be applied in determining, on a case-by-case basis, what process is due. After tracing the development of relevant case law as it has affected the rights of the permanent resident alien, the author concludes that the practical effect of Plasencia actually may be to ensure the higher standard of treatment originally ordered by the Ninth Circuit.

Recommended Citation

Gerald M. Kouri Jr., Getting Back In: The Plasencia Decision and the Permanent Resident Alien's Right to Procedural Due Process, 36 U. Mia. L. Rev. Iss. 5 (1982)
Available at: https://repository.law.miami.edu/umlr/vol36/iss5/9