context: . The Supreme Court's decisions and our own invoke the entry fiction in cases related to the determination of an alien's immigration status, and the procedural due process to which an alien is entitled by virtue of that status, not cases adjudicating alleged violations of an alien's substantive due process rights during detention.
citation_a.signal: see also
citation_a.identifier: 373 F.3d 952, 973
citation_a.parenthetical: "The entry fiction is best seen ... as a fairly narrow doctrine that primarily determines the procedures that the executive branch must follow before turning an immigrant away." (emphasis in original
citation_a.sentence: See, e.g., Leng May Ma v. Barber, 357 U.S. 185, 78 S.Ct. 1072, 2 L.Ed.2d 1246 (1958) (concluding that temporary parole in United States while alien's admissibility was being determined did not entitle alien to benefit of statute giving Attorney General authority to withhold deportation of any alien "within the United States” if alien would thereby be subjected to physical persecution); Menon v. Esperdy, 413 F.2d 644, 647 (2d Cir.1969) (noting that “since a parole does not constitute an admission into the United States ... th[e] appeal involve[d] an exclusion ... rather than an expulsion”); Dong Wing Ott v. Shaughnessy, 247 F.2d 769, 770 (2d Cir.1957) (per curiam) (holding that the Attorney General’s "discretionary power to suspend deportation” did not apply to aliens "within the country on parole,” because parole, "by statute[, was] not [to] be regarded as an admission of the alien” (citation and internal quotation marks omitted)), cert. denied, 357 U.S. 925, 78 S.Ct. 1368, 2 L.Ed.2d 1370 (1958); Knauff v. Shaughnessy, 179 F.2d 628, 630 (2d Cir.1950) (per curiam) (alien stopped at the border and detained on Ellis Island "is not ‘in the United States’ ... [and therefore] is not entitled to naturalization”); see also Martinez-Aguero v. Gonzalez, 459 F.3d 618, 623 (5th Cir.) (rejecting appli cation of the entry fiction to Bivens claims involving the use of excessive force), cert. denied, - U.S. -, 127 S.Ct. 837, 166 L.Ed.2d 667 (2006); Kwai Fun Wong v. United States, 373 F.3d 952, 973 (9th Cir.2004) ("The entry fiction is best seen ... as a fairly narrow doctrine that primarily determines the procedures that the executive branch must follow before turning an immigrant away.” (emphasis in original)).
citation_b.signal: see
citation_b.parenthetical: concluding that temporary parole in United States while alien's admissibility was being determined did not entitle alien to benefit of statute giving Attorney General authority to withhold deportation of any alien "within the United States" if alien would thereby be subjected to physical persecution
citation_b.sentence: See, e.g., Leng May Ma v. Barber, 357 U.S. 185, 78 S.Ct. 1072, 2 L.Ed.2d 1246 (1958) (concluding that temporary parole in United States while alien's admissibility was being determined did not entitle alien to benefit of statute giving Attorney General authority to withhold deportation of any alien "within the United States” if alien would thereby be subjected to physical persecution); Menon v. Esperdy, 413 F.2d 644, 647 (2d Cir.1969) (noting that “since a parole does not constitute an admission into the United States ... th[e] appeal involve[d] an exclusion ... rather than an expulsion”); Dong Wing Ott v. Shaughnessy, 247 F.2d 769, 770 (2d Cir.1957) (per curiam) (holding that the Attorney General’s "discretionary power to suspend deportation” did not apply to aliens "within the country on parole,” because parole, "by statute[, was] not [to] be regarded as an admission of the alien” (citation and internal quotation marks omitted)), cert. denied, 357 U.S. 925, 78 S.Ct. 1368, 2 L.Ed.2d 1370 (1958); Knauff v. Shaughnessy, 179 F.2d 628, 630 (2d Cir.1950) (per curiam) (alien stopped at the border and detained on Ellis Island "is not ‘in the United States’ ... [and therefore] is not entitled to naturalization”); see also Martinez-Aguero v. Gonzalez, 459 F.3d 618, 623 (5th Cir.) (rejecting appli cation of the entry fiction to Bivens claims involving the use of excessive force), cert. denied, - U.S. -, 127 S.Ct. 837, 166 L.Ed.2d 667 (2006); Kwai Fun Wong v. United States, 373 F.3d 952, 973 (9th Cir.2004) ("The entry fiction is best seen ... as a fairly narrow doctrine that primarily determines the procedures that the executive branch must follow before turning an immigrant away.” (emphasis in original)).