1) The Fifth Amendment states: "No person shall be . . . deprived of life, liberty, or property, without due process of law." (applies to the federal government)
2) The Fourteenth Amendment provides: "No State shall . . . deprive any person of life, liberty, or property, without due process of law." (applies to the states)
Following is from www.immigration-law.com
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A 15-year resident of the U.S. who had filed I-485 and left the country to visit the ailing mother in Jordan and attempted to return to home in the U.S. using Advance Parole. Reportedly, he is a Muslin leader in the U.S. and the government revoked the Advance Parole to block his return to the U.S. No details are known about on what grounds the government revoked the Advance Parole. James Moran, federal judge, ruled that the government could not stop him from returning to the U.S. because the long-time residence in the U.S. entitled him to the constitional right to due process and he would be entitled to a hearing. This decision is important in that the constitutional right to due process for aliens who are located outside the territory of the U.S. and such alien's right to return to the U.S. without a valid visa is recognized by the court. For the news, please read Chicago Tribune, 03/26/03, http://www.chicagotribune.com/news/local/.
2) The Fourteenth Amendment provides: "No State shall . . . deprive any person of life, liberty, or property, without due process of law." (applies to the states)
Following is from www.immigration-law.com
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A 15-year resident of the U.S. who had filed I-485 and left the country to visit the ailing mother in Jordan and attempted to return to home in the U.S. using Advance Parole. Reportedly, he is a Muslin leader in the U.S. and the government revoked the Advance Parole to block his return to the U.S. No details are known about on what grounds the government revoked the Advance Parole. James Moran, federal judge, ruled that the government could not stop him from returning to the U.S. because the long-time residence in the U.S. entitled him to the constitional right to due process and he would be entitled to a hearing. This decision is important in that the constitutional right to due process for aliens who are located outside the territory of the U.S. and such alien's right to return to the U.S. without a valid visa is recognized by the court. For the news, please read Chicago Tribune, 03/26/03, http://www.chicagotribune.com/news/local/.
