Demore v. Kim, 538 U.S. 510, 37 (2003)

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546

DEMORE v. KIM

Opinion of Souter, J.

they are in the present case, deeply fixed in this land," id., at 154. And in Kwong Hai Chew v. Colding, 344 U. S. 590 (1953), we read the word "excludable" in a regulation as having no application to LPRs, since such a reading would have been questionable given "a resident alien's constitutional right to due process." Id., at 598-599.7 Kwong Hai Chew adopted the statement of Justice Murphy, concurring in Bridges, that " 'once an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our borders. Such rights include those protected by the First and the Fifth Amendments and by the due process clause of the Fourteenth Amendment. None of these provisions acknowledges any distinction between citizens and resident aliens. They extend their inalienable privileges to all "persons" and guard against any encroachment on those rights by federal or state authority.' " 344 U. S., at 596-597, n. 5 (quoting Bridges, supra, at 161). See also United States v. Verdugo-Urquidez, 494 U. S. 259, 271 (1990) ("[A]liens receive constitutional protections when they have come within the territory of the United States and developed substantial connections with this country"); Woodby, supra, at 285 (holding that deportation orders must be supported by clear, unequivocal, and convincing evidence owing to the "drastic deprivations that may follow when a resident of this country is compelled by our Government to forsake all the bonds formed here and go to a foreign land where he often has no contemporary identification"); Johnson v. Eisentrager, 339 U. S. 763, 770-771 (1950) ("The alien, to whom the United States has been tradi-7 "Although the holding [in Kwong Hai Chew] was one of regulatory interpretation, the rationale was one of constitutional law. Any doubts that Chew recognized constitutional rights in the resident alien returning from a brief trip abroad were dispelled by Rosenberg v. Fleuti, [374 U. S. 449 (1963),] where we described Chew as holding 'that the returning resident alien is entitled as a matter of due process to a hearing on the charges underlying any attempt to exclude him.' 374 U. S., at 460." Landon v. Plasencia, 459 U. S. 21, 33 (1982).

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