by John Marshall Harlan, Yamataya v. Fisher — Opinion of the Court
“ Leaving on one side the question whether an alien can rightfully invoke the due process clause of the Constitution who has entered the country clandestinely, and who has been here for too brief a period to have become, in any real sense, a part of our population, before his right to remain is disputed, we have to say that the rigid construction of the acts of Congress suggested by the appellant are not justified. Those acts do no necessarily exclude opportunity to the immigrant to be heard, when such opportunity is of right. ”
