Case Citator › Fong Yue Ting v. United States

Fong Yue Ting v. United States

Is it still good law? What later courts have actually done to this case.

Criticized by some courts
Court
Supreme Court of the United States
Citation
149 U.S. 698
Decided
Confirmed treatments
1
Flagged citations read
59 of 59
Citing cases (total)
59
Treatment dates
2019
Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. Fong Yue Ting v. United States has been criticized for allowing race-based deportation rules. The Third Circuit's criticism is listed below.
More on how this was screened

All 59 flagged citations have been checked; other courts have continued to cite its holdings on federal deportation authority and the civil character of removal. The Ninth Circuit later described one due process proposition as overruled by Yamataya v. Fisher. Reading Yamataya itself, the Supreme Court said its earlier immigration decisions had never authorized officers to disregard due process; it required an opportunity to be heard and upheld the executive process used there. Fong had expressly reserved constitutional limits on executive action. One indexed opinion did not cite Fong and was a false match.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

59 later cases cite Fong Yue Ting v. United States; 59 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Fong Yue Ting v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Criticized

  • The Third Circuit criticized Fong Yue Ting as an example of the plenary power doctrine condoning blatant racial discrimination in deportation law.

    Tineo v. Attorney General United States of America · Third Circuit · filed

    It was not too long ago that a similarly strict treatment of this doctrine resulted in the condonation of even the most blatant discrimination. See, e.g., The Chinese Exclusion Case, 130 U.S. 581, 610–11 (1889) (establishing the modern plenary-power doctrine in upholding the Chinese Exclusion Act); Fong Yue Ting v. United States, 149 U.S. 698, 732, 13 S. Ct. 1016, 1017 (1893) (holding that the political branches could deport residents based solely on their race and deem all people of “the Chinese race” incompetent to sign the affidavit needed for Chinese immigrants to remain lawfully);
    Read the full opinion on CourtListener →

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