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Simple English definitions for legal terms
Landon v. Plasencia
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A quick definition of Landon v. Plasencia:
In Landon v. Plasencia, the Supreme Court decided that the Immigration and Naturalization Service (INS) had the power to decide if a permanent resident alien could enter the United States, but that the alien had the right to due process. The Court said that Congress did not require the INS to use deportation hearings to decide if a permanent resident alien could enter the U.S. The Court also said that a permanent resident alien has constitutional rights, but the Court did not say what those rights are. The Court said that the role of the courts is to make sure that the INS follows the rules for due process, but the courts cannot tell the INS how to do its job.A more thorough explanation:
Definition: A 1982 Supreme Court case that established that the Immigration and Naturalization Service (INS) has the power to determine if a permanent resident alien can enter the United States in an exclusion hearing, but that permanent resident aliens have the right to due process in these proceedings.
Example: In Landon v. Plasencia, the Supreme Court ruled that the INS had the authority to deny the entry of a permanent resident alien in an exclusion hearing, rather than a deportation hearing. The Court also established that permanent resident aliens have the right to due process in these proceedings, meaning they have the right to be notified of the charges against them and the right to present a defense.
Explanation: This case illustrates the balance between the government's power to regulate immigration and the rights of permanent resident aliens. The Court determined that the INS had the authority to determine admissibility in an exclusion hearing, but that permanent resident aliens have the right to due process in these proceedings. This means that they have the right to be treated fairly and given notice of the charges against them, even though they are not citizens of the United States.