In 1974, two unadmitted Western Hemisphere aliens married to resident aliens filed suit in the United States District Court for the Southern District of New York in an attempt to stop their deportation. Plaintiffs contended that as spouses of resident aliens, they were treated differently than they would have been if they had married U.S. citizens. They alleged that the Immigration and Naturalization Service (INS) had an policy whereby unadmitted Western Hemisphere aliens married to American citizens could extend time for their voluntary departure until they could obtain visas, but that the INS did not maintain a similar policy for aliens who were married to resident aliens rather than citizens. Plaintiffs maintained that the policy violated equal protection and the Administrative Procedure Act. They requested a preliminary injunction and TRO.

The District Court (Judge Lee P. Gagliardi) refused to issue an injunction or TRO. Noel v. Green, 376 F.Supp. 1095 (S.D.N.Y. 1974). Plaintiffs appealed. The Court of Appeals (Circuit Judge Mulligan) affirmed, holding that plaintiffs, as unadmitted and non-resident aliens, had no constitutional right to enter and remain in the country and that their resident aliens spouses had no equal protection right to keep them here. Noel v. Chapman, 508 F.2d 1023 (2nd Cir. 1975) Certiorari was denied. Noel v. Chapman, 423 U.S. 824, 96 S.Ct. 37, 46 L.Ed.2d 40 (1975).

Dan Dalton - 12/04/2007


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