Hugo Black

“ The fact that the Immigration and Naturalization Service has applied the regulations differently does not change this meaning. As the Court concedes, the regulation is 'not free from ambiguity,' ante, at 72, and of course the ambiguity in the regulation is precisely the same as the ambiguity in the statutory provision from which the wording of the regulation was drawn. It seems clear that the way in which the Service has applied the regulation has been determined by its interpretation of the statute, an interpretation that is in no way binding on us. ”

“ As that court noted in its opinion:
'The section (252 (b) ) exception (to the general procedure requirements of § 242 (b) ) is very narrowly drawn. It does not apply to the deportation of crewmen who have 'jumped ship' and entered the United States illegally, with no permit at all. As noted above, it does not apply to crewmen issued landing permits authorizing them to depart on vessels other than those on which they arrived. It does not apply to crewmen who have overstayed the twenty-nine day leave period without revocation of their landing permits. ”

“ Under § 242 (b) a number of procedural safeguards are specified to insure that an alien is given the full benefit of a complete and fair hearing before the harsh consequence of deportation can be imposed on him. [1] The second procedure involved in this case is set forth in § 252 (b) . It is applicable only under very special circumstances involving alien seamen who enter this country under conditional landing permits. Section 252 (b) provides for a short, summary procedure. ”