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LENG MAY MA V. BARBER, 357 U. S. 185 (1958)

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U.S. Supreme Court

Leng May Ma v. Barber, 357 U.S. 185 (1958)

Leng May Ma v. Barber

No. 105

Argued May 20, 1958

Decided June 16, 1958

357 U.S. 185


Petitioner, a native of China, came to the United States in 1951, claiming citizenship. Pending determination of her claim, she was at first held in custody, but later was released on parole. When it was determined that she was not a citizen, she was ordered excluded. She surrendered, but applied for a stay of deportation under § 243(h) of the Immigration and Nationality Act on the ground that her deportation to China would subject her to physical persecution and probable death at the hands of the existing government. The stay was denied, and she sought a writ of habeas corpus.

Held: her release on parole did not alter her status as an excluded alien; she was not "within the United States," within the meaning of § 243(h), and thus she was not eligible for the benefits of that section. Pp. 357 U. S. 185-190.

241 F.2d 85 affirmed.

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