Immigration · Primary-source case analysis

Kwong Hai Chew: A Returning Permanent Resident Was Entitled to Due Process

By Aneeta Mishra and Timothy Chan

Published May 25, 2026

Kwong Hai Chew v. Colding examined the attempted exclusion of a longtime lawful permanent resident who sailed from an American home port on a merchant vessel and returned after calls at foreign ports.

The government relied on undisclosed information

The Attorney General ordered Chew detained aboard the vessel and temporarily excluded, then sought permanent exclusion without disclosing the confidential material said to justify the decision.

Residence and presence shaped the constitutional analysis

Although the government treated the return as an entry proceeding, the Court treated Chew’s status as comparable to that of a resident continuously present in the United States for purposes of the process owed.

The regulation did not authorize a hearingless exclusion

The Court read the governing regulation not to permit permanent exclusion of this resident without an opportunity to challenge the case. Neither the cited statutes nor presidential proclamations required a broader reading.

The detention judgment was reversed

The Court reversed and remanded, rejecting permanent exclusion and consequent deportation through a secret process. The opinion did not erase the government’s power to adjudicate admissibility through lawful procedures.

Key takeaways

• Identify the traveler’s status, residence, and journey before choosing the admission framework.
• Demand notice and an opportunity to answer the government’s case when due process applies.
• Separate lawful security procedures from an unreviewable final exclusion.
• Preserve custody and travel records for judicial review.