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Politics : America Under Siege: The End of Innocence -- Ignore unavailable to you. Want to Upgrade?

To: DeplorableIrredeemableRedneck who wrote (10657)	11/16/2001 9:43:03 PM
From: lorne	Read Replies (1) \| Respond to of 27666

People Linked to Al-Qaida, Other Terror Groups, Thought to Be Hiding in the United States, FBI Chief Says Published: Nov 16, 2001 ap.tbo.com

To: DeplorableIrredeemableRedneck who wrote (10657)	11/17/2001 11:53:57 AM
From: Tadsamillionaire	Respond to of 27666

Deportation proceedings are not criminal prosecutions within the meaning of the Bill of Rights. 48 The authority to deport is drawn from the power of Congress to regulate the entrance of aliens and impose conditions upon their continued liberty to reside within the United States. Findings of fact reached by executive officers after a fair, though summary deportation hearing may be made conclusive. 49 In Wong Yang Sung v. McGrath, 50 however, the Court intimated that a hearing before a tribunal which did not meet the standards of impartiality embodied in the Administrative Procedure Act 51 might not satisfy the requirements of due process of law. To avoid such constitutional doubts, the Court construed the law to disqualify immigration inspectors as presiding officers in deportation proceedings. Except in time of war, deportation without a fair hearing or on charges unsupported by any evidence is a de nial of due process which may be corrected on habeas corpus. 52 In contrast with the decision in United States v. Ju Toy 53 that a person seeking entrance to the United States was not entitled to a judicial hearing on his claim of citizenship, a person arrested and held for deportation is entitled to a day in court if he denies that he is an alien. 54 A closely divided Court has ruled that in time of war the deportation of an enemy alien may be ordered summarily by executive action; due process of law does not require the courts to determine the sufficiency of any hearing which is gratuitously afforded to the alien. 55 caselaw.lp.findlaw.com