Immigration · Primary-source case analysis

Chew: A Returning Permanent Resident Could Not Be Permanently Excluded Without a Hearing

By Aneeta Mishra and Timothy Chan

Published May 21, 2026

Kwong Hai Chew v. Colding involved a resident merchant seaman detained on return from a voyage and denied a hearing because the government relied on confidential information.

Resident status changed the regulatory analysis

The term used for excludable applicants did not extend to a permanent resident continuously residing and ordinarily present in the United States.

A working voyage did not erase residence

Scheduled calls at foreign ports while serving on an American vessel did not turn the resident into a first-time entrant.

Confidential information did not supply authority

The government’s sensitivity claim could not expand the regulation beyond what its text authorized.

Notice and an opportunity to respond were required

Permanent exclusion and detention could not rest on undisclosed charges without an available hearing under the governing rule.

Key takeaways

• Prove lawful permanent residence and continuing U.S. ties.
• Document the trip’s purpose, duration, and circumstances.
• Demand the legal authority for withholding notice or a hearing.
• Preserve the detention and habeas record.