The Burger Court Opinion Writing Database

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1 The Burger Court Opinion Writing Database Rosenberg v. Yee Chien Woo 402 U.S. 49 (1971) Paul J. Wahlbeck, George Washington University James F. Spriggs, II, Washington University Forrest Maltzman, George Washington University

2 CHAMBERS OF THE CHIEF JUSTICE Atitrgint (Court of lite WWI Atatto Pas fringtott, Q. zopig March 30, O No Rosenberg v. Woo Dear Hugo: Please join me.

3 1st DRAFT The Chief Justice Mr. Justice Douglas Mr. Justice Harlan Mr. Justico D7c2nr.c Mr. Justi-3 Mr. Ju7_ico Mr. Jus s a7:11t11 Mr. Jus1(.: Blaolc J. SUPREME COURT OF THE UNITED STATES" Circulated: 'tilikr 2 5 No OCTOBER TERM, 1970 George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, v. Yee Chien Woo. [March, 1971] On Writ of Certiorari tothe United States Court of Appeals for the Ninth Circuit. MR. JUSTICE BLACK delivered the opinion of the Court. Respondent, Yee Chien Woo, is a native of Mainland China, a Communist country, who fled that country in 1953 and sought refuge in Hong Kong. He lived in Hong Kong until 1959 when he came to the United States as a visitor to sell merchandise through a concession at a trade fair in Portland, Oregon. After a short stay, Woo. returned to Hong Kong only to come back to the United States in 1960 to participate in the San Diego Fair and International Trade Mart to promote his Hong Kongbusiness. Thereafter he remained in the United States although he continued to maintain his clothing business in Hong Kong until In 1965 Woo's wife and son obtained temporary visitor's permits and joined him in this country. By 1966 all three had overstayed their permits and were no longer authorized to remain in this "Without expressing any opinon as to why Congress chose to omit the 'firmly resettled' provision in the amendments to the Refugee. Relief Act of 1953, this court finds that plaintiff was never 'firmly resettled' and still qualifies as a refugee under the terms of section 203 (a) (7). Accordingly, the District Director erred in denying plaintiff's application." 295 F. Supp, 1370, 1372 (196S). 'a circulated:

4 ( 27 2nd DRAFT SUPREME COURT OF TUE UNITED STATES No OCTOBER TERM, 1970 To: The Chief Justice r. Justice Dou3laS Mr. Justice K^21= Mr..Istice Er.mnan Mr. JUniC) :'t1 'art Mr. Lr t3 hr. : 1 hall Mr. Circulated: J. MAR Recirculated: George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, Yee Chien Woo. On Writ of Certiorari to. the United States Court of Appeals for the Ninth Circuit. [March, 1971] MR. JUSTICE BLACK delivered the opinion of the Court. Respondent, Yee Chien Woo, is a native of Mainland' China, a Communist country, who fled that country in 1953 and sought refuge in Hong Kong. He lived in Hong- Kong until 1959 when he came to the United States as a visitor to sell merchandise through a concession at a trade fair in Portland: Oregon. After a short stay, Wooreturned to Hong Kong only to come back to the United States in 1960 to 'participate in the San Diego Fair and International Trade Mart to promote his Hong Kong' business. Thereafter he remained in the United States although he continued to maintain his clothing business. in Hong Kong until In 1963 Woo's wife and son obtained temporary visitor's permits and joined him in this country. By 1966 all three had overstayed their permits and were no longer authorized to remain in this country. After the Immigration and Naturalization Service began deportation proceedings, Woo applied foran immigrant visa claiming a "preference" as an alien who had fled a Communist country fearing persecution as defined in 203 (a) (7) of the Immigration and Na tionality Act of 1952, as amended.

5 3rd DRAFT SUPREME COURT OF THE UNITED STAT4M To: The Chief Justice Mr. Justice Douglas Mr. Justice Harlan Mr. Justice Brennan. Mr. Justice Stewar-. Mr.,i^ -1:_te Mr. Mr. al3;,3 LlaCkM..:a A Blac:, J. x,7) Circulated: No OCTOBER TERM, 1970.,..;,.,..,-. m MAR 3 1 -, 3.ecirculatd: xi George K. Rosenberg, District' c x Director, Immigration and On Writ of Certiorari to,.i Naturalization Service, Peti- the United States r=1 tioner, Court of Appeals for n v. c the Ninth Circuit. 6 Yee Chien Woo. -..-i- [April, 1971] t z cn MR. JUSTICE BLACK delivered the opinion of the Court. c...,-: Respondent. Yee Chien Woo, is a native of Mainland,-i China, a Communist country, who fled that country in R and sought refuge in Hong Kong. He lived in Hong x Kong until 1959 when he came to the United States as a visitor to sell merchandise through a concession at a CA n trade fair in Portland, Oregon. After a short stay, Woo x 1--i,,0 returned to Hong Kong only to come back to the United p-3 States in 1960 to participate in the San Diego Fair and x.-4 International Trade Mart to promote his Hong Kong c )-i business. Thereafter he remained in the United States I-, w although he continued to maintain his clothing business c z in Hong Kong until In 1965 Woo's wife and son obtained temporary visitor's permits and joined him in )-- this country. By 1966 all three had overstayed their > x permits and were no longer authorized to remain in this.c country. After the Immigration and Naturalization c Service began deportation proceedings, Woo applied for vi an immigrant visa claiming a "preference" as an alien n 0 who had fled a Communist country fearing persecution Z n as defined in 203 (a) (7) of the Immigration and Na- A CA tionality Act of 1952, as amended. cn 0

6 1 1 -TREPRODUagr FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISION'i"VIERARr'M'CONGIal,, - nh,:r1c.f3s Stylistic 1..n To: The Chief Justice Mr. Justice Douglas Mr. Justice E-u-lan 4 mr. J c2 Brennan Mr. Ju-!-.ic- fl,e-art Mr. J ' 'le Mr. 2_hall Mr. JUI)':,1( ; 4th DRAFT SUPREME COURT OF THE UNITED STAligm: Circulated: No OCTOBER TERM, 1970 APR Recirculated: George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, v. Yee Chien Woo. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. [April, 1971] MR. JUSTICE BLACK delivered the opinion of the Court. Respondent, Yee Chien Woo, is a native of Mainland China, a Communist country, who fled that country in 1953 and sought refuge in Hong Kong. He lived in Hong Kong until 1959 when he came to the United States as a visitor to sell merchandise through a concession at a trade fair in Portland, Oregon. After a short stay, he returned to Hong Kong only to come back to the United States in 1960 to participate in the San Diego Fair and International Trade Mart to promote his Hong Kong business. Thereafter he remained in the United States although he continued to maintain his clothing business in Hong Kong until In 1965 respondent's wife and son obtained temporary visitor's permits and joined him in this country. By 1966 all three had overstayed their permits and were no longer authorized to remain in this country. After the Immigration and Naturalization Service began deportation proceedings, Yee Chien Woo applied for an immigrant visa claiming a "preference" as an alien who had fled a Communist country fearing persecution as defined in 203 (a) (7) of the Immigration and Nationality Act of 1952, as amended.

7 supreme (r1attri of tile lattittb Astatte ualtintatt. (4. 20g)P CHAMBERS OF JUSTICE H UGO L. BLACK April 8, 1971 Dear Thurgood, Re: No Rosenberg v. Woo that, of course, is o. k. Since you wish to join Potter Since rely, H. L. B. Mr. Justice Marshall cc: Members of the Conference

8 To: The Chief Justice Mr. Justice Douglas Mr. Justice Harlan Mr. Justice Brennan Mr. Justice Stewart Mr. Ju-,tice White Mr. Justice MarshallL Mr. Justice Blackmun' 5th DRAFT From: Black, J. SUPREME COURT OF THE UNITED STATES Circulated: NG OCTOBER TERM, 1970 APR 1 A- circulated: 1971 ( g, George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, v. Yee Chien Woo. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. c) :4- [April, 1971] MR. JUSTICE BLACK delivered the opinion of the Court. Respondent, Yee Chien Woo, is a native of Mainland China, a Communist country, who fled that country in 1953 and sought refuge in Hong Kong. He lived in Hong Kong until 1959 when he came to the United States as a visitor to sell merchandise through a concession at a trade fair in Portland, Oregon. After a short stay, he returned to Hong Kong only to come back to the United States in 1960 to participate in the San Diego Fair and International Trade Mart to promote his Hong Kong business. Thereafter he remained in the United States although he continued to maintain his clothing business in Hong Kong until In 1965 respondent's wife and son obtained temporary visitor's permits and joined him in this country. By 1966 all three had overstayed their permits Ad were no longer authorized to remain in this country. After the Immigration and Naturalization Service began deportation proceedings, Yee Chien Woo applied for an immigrant visa claiming a "preference" as an alien who had fled a Communist country fearing persecution as defined in 203 (a) (7) of the Immigration and Nationality Act of 1952, as amended.

9 REPRODUCED FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISIONONGRES Chief Justice Justice Black J7.5tico Harlan 2nd DRAFT SUPREME COURT OF THE UNITED STATES NO OCTOBER TERM, 1970 George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, v. Yee Chien Woo. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. [March, 1971] MR. JUSTICE DOUGLAS, dissenting. I had thought we could take judicial notice that those who have "fled" a foreign nation for fear of persecution or death, often make their "flight" in successive stages. Those leaving modern Greece or Iran often stop for long periods at "stations" along the way. For the reasons stated by the Court of Appeals, 419 F. 2d , I think Congress used the word "fled" in that manner. The result is not to open wide our doors, as the Act limits the number of these refugees who can enter. The fact that a refugee has found "shelter in another nation" to use the Court's phrase does not necessarily mean that his aim to reach these shores has in any sense been abandoned. I would affirm this judgment.

10 LLEZRODUta FROM 'THE COLLECTIONS OF THE MANUSCRIPT DIVISION, LIBRARY OF CONGRESS ,,A ' ' ' AA. 1 1 I '....Dou12 Justice uu ss tṯ ii cc ee v vhs hat ire tilv i ri. 1. t Mr. Justice Mr. Justice Marshall Mr. Justice Blackmun 1st DR AFT SUPREME COURT OF THE UNITED STA.Tp l ed: J. No OCTOBER TERM George K. Rosenberg, District Director, Immigration and Naturalization Service. Petitioner, v. Yee Chien Woo. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. [April, 1971] MR. JUSTICE BRENNAN, dissenting. Respondent Ye Chien Woo applied for an immigrant visa claiming a "seventh preference" under 203 (a) (7) of the Immigration and Nationality Act of 1952, 8 U. S. C (a) (7) (Supp. V, 1970). The statute extends the preference to aliens who "satisfy an Immigration and Naturalization Service officer at an examination in any non-communist or non-communist-dominated country,... that (i) because of fear of persecution on account of race, religion, or political opinion they have fled... from any Communist or Communist-dominated country or area..., and (ii) are unable or unwilling to return to such country or area on account of race, religion, or political opinion, and (iii) are not nationals of the countries or areas in which their application for conditional entry is made." Thus, in unambiguous and unqualified terms, the statute makes eligible for the preference an alien who has fled persecution, who is unable or unwilling to return to his homeland due to that persecution, and who has not become a national of another country. Respondent precisely fits this description. It is undisputed that he fled from Communist China due to persecution, is unwilling

11 Stylistic Changes Thrmghout. To: The Chief Justice Justice Douglas/ Mr. Justice Harlan Mr. Justice Brennan Mr. Justice Stewart Mr.JusLica nite Mr. Justice : rshalt Mr. Justine L;lackmu= jth DRAFT Black, J. SUPREME COURT OF THE UNITED STAB Circulated: No OCTOBER TERM, 1970 e e C e George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, v. Yee Chien Woo. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. e [April, 1971] MR. JUSTICE BLACK delivered the opinion of the Court. Respondent, Yee Chien Woo, is a native of Mainland China, a Communist country, who fled that country in 1953 and sought refuge in Hong Kong. He lived in Hong Kong until 1959 when he came to the United States as a visitor to sell merchandise through a concession at a trade fair in Portland, Oregon. After a short stay, he returned to Hong Kong only to come back to the United States in 1960 to participate in the San Diego Fair and International Trade Mart to promote his Hong Kong business. Thereafter he remained in the United States although he continued to maintain his clothing business in Hong Kong until In 1965 respondent's wife and son obtained temporary visitor's permits and joined him in this country. By 1966 all three had overstayed their permits and were no longer authorized to remain in this country. After the Immigration and Naturalization Service began deportation proceedings, Yee Chien Woo applied for an immigrant visa claiming a "preference" as an alien who had fled a Communist country fearing persecution as defined in 203 (a) (7) of the Immigration and Nationality Act of 1952, as amended. C

12 1REPRODVED FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISION; LIBRARVOF 'CONG1gM, ""himmalumg,mie;;;;wimilmelnum=gmlmommimiwzmanhainiumragal April 7, 1971 Dear Bills I have r note 1otn. ne in ay dissent in No N Bat sines iron and Potter have a naeh no t of the position to state n.

13 REPRODUCED FROMITHE COLUXTIONS MANUSCRIPT DIVIS 6Sa.d.;JINAJJ au na v aai

14 RF:PRODUt FROM THE COLLECTIONS OF THE MANUSCRIPT DMSION, IIIINARY CON Mr. J Mr. Justice Harlan Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Blackmun 1st DR AFT Brean, J. SUPREME COURT OF THE UNITED SKA,TAL a: No OCTOBER TERM, 1970 George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, v. Yee Chien Woo. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. [April, 1971] MR. JUSTICE BRENNAN, dissenting. Respondent Ye Chien Woo applied for an immigrant visa claiming a "seventh preference" under 203 (a) (7) of the Immigration and Nationality Act of 1952, 8 U. S. C (a) (7) (Supp. V, 1970). The statute extends the preference to aliens who "satisfy an Immigration and Naturalization Service officer at an examination in any non-communist or non-communist-dominated country,... that (i) because of fear of persecution on account of race, religion, or political opinion they have fled... from any Communist or Communist-dominated country or area..., and (ii) are unable or unwilling to return to such country or area on account of race, religion, or political opinion, and (iii) are not nationals of the countries or areas in which their application for conditional entry is made." Thus, in unambiguous and unqualified terms, the statute makes eligible for the preference an alien who has fled persecution, who is unable or unwilling to return to his homeland due to that persecution, and who has not become a national of another country. Respondent precisely fits this description. It is undisputed that he fled from Communist China due to persecution, is unwilling

15 2nd DRAFT SUPREME COURT OF THE UNITED STATES To: The Chief Justice Mr. Justice Black. Justice Douglas Mr. Justice Harlan Mr. Justice Stewart Mr. Justice White Mr. Justice Marshall Mr. Justice Blackmun From: Brennan, J. NO OCTOBER TERM, 1970 Circulated: George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, V. Yee Chien Woo. [April. 1971] MR. JUSTICE BRENNAN, dissenting. Recirculated: gi 477/ On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. Respondent Ye Chien Woo applied for an immigrant visa claiming a "seventh preference" under 203 (a) (7) of the Immigration and Nationality Act of 1952, S U. S. C (a)(7) (Supp. V, 1970). The statute extends the preference to aliens who "satisfy an Immigration and Naturalization Service officer at an examination in any non-communist or non-communist-dominated country,... that (i) because of fear of persecution on account of race, religion, or political opinion they have fled... from any Communist or Communist-dominated country or area..., and (ii) are unable or unwilling to return to such country or area on account of race, religion, or political opinion, and (iii) are not nationals of the countries or areas in which their application for -.conditional entry is made." Thus, in unambiguous and unqualified terms, the statute makes eligible for the preference an alien who has fled persecution, who is unable or unwilling to return to his homeland due to that persecution, and who has not become a national of another country. Respondent precisely fits this description. It is undisputed that he fled from Communist China due to persecution, is unwilling

16 not s4ourt of titellnittb Atutto Pusitiugton, p. 2ag4g April 6, 1971 RE: No Rosenberg v. Yee Chien Woo Dear Bill: Will you please join me in your dissent in the above. W. J. B. Jr. Mr. Justice Douglas cc: The Conference

17 A )1,qt1,7, 3:1: 3rd DRAFT Jurtfee Stewar Ar. Justice White Mr. Justice Marshal_ Mr, Justice Blackmu SUPREME COURT OF THE UNITED staty..snan, j. NO OCTOBER TERM, 1974 ;, tlated; V7/7 / George K. Rosenberg, District,,I,a7itoo 0. 1 P: Director, Immigration and On Writ of Certiorari to o Naturalization Service. Peti- the United States tioner, Court of Appeals for r=1 V. the Ninth Circuit. n Yee Chien Woo. E.. :' e- [April, 1971] MR. JUSTICE BRENNAN. with whom MR. JUSTICE DOUG CA LAS joins, dissenting. o '.i Respondent Ye Chien Woo applied for an immigrant.3 visa claiming a "seventh preference" under 203 (a)(7) Ri of the Immigration and Nationality Act of 1952, 8 U. S. C (a)(7) (Supp. V, 1970). The statute cn extends the preference to aliens who n Po "satisfy an Immigration and Naturalization Service i-.4 t, officer at an examination in any non-communist or 1-3 non-communist-dominated country,... that (i) because of fear of persecution on account of race, religion, or political opinion they have fled... from 1-4 any Communist or Communist-dominated country or area.., and (ii) are unable or unwilling to return to such country or area on account of race, religion. or political opinion, and (iii) are not nationals of the countries or areas in which their application for conditional entry is made.".=1 Thus, in unambiguous and unqualified terms, the statute makes eligible for the preference an alien who has fled persecution, who is unable or unwilling to return to his homeland due to that persecution, and who has not become a national of another country. Respondent precisely fits this description. It is undisputed that he fled ot x ot C a n rr, m,'-4 ---,

18 Atvpreutt crttrt of tile Anita Atatte wttifilingtint, Ai. QT. arg4g CHAMBERS or JUSTICE WM. J. /BRENNAN, JR. April 7, 1971 RE: No Rosenberg v. Yee Chien Woo Dear Bill: Thanks for your note of April 7 in the above. I think Potter's done a better job than I have and so I am also withdrawing my dissent and joining him as per the enclosed. Mr. Justice Douglas

19 Atprtint salmtrt of tlitatittb $tatto Ateirintan,. 2agg CHAMBERS OF JUSTICE WM. J. BRENNAN, JR. April 7, 1971 RE: No Rosenberg v. Yee Chien Woo Dear Potter: Since your dissent expands upon the thoughts expressed in mine, and Bill Douglas has withdrawn his dissent, I am going to withdraw mine and join you, if I may. Sincerely, W. J. B. Jr. Justice Stewart cc: The Conference

20 FROM THE COLLECTIONS OF THE MANUSCRIPT DIVISION. To: The Chief Justice Yr. J7271,i,7e Black Lr. 'Dc ;has 1-iarlan 1st DRAFT ac,kmun. SUPREME COURT OF THE UNITED STATES From: Stewart, J. NO OCTOBER TERM, 1970 Circulated: : George K. Rosenberg, District Director, Immigration and Naturalization Service, Petitioner, v. Yee Chien Woo. Recirculated:. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit. [April, 1971] MR. JUSTICE STEWART, dissenting. On March 8, 1966, the respondent, who fled mainland China for Hong Kong in 1953 and has resided in the United States since May 22, 1960, filed with the Immigration Service an application for adjustment of status pursuant to 203 (a) (7) of the Immigration and Nationality Act, as amended, 8 U. S. C (a) (7). By the terms of 203 (a) (7) applicants for adjustment of status are required to show: 1. that they "have been continuously physically present in the United States for a period of at least two years prior to application for adjustment of status;" 2. that "because of persecution or fear of persecution on account of race, religion, or political opinion they have fled (I) from any Communist or Communist-dominated country or area... " 3. that they "are unable or unwilling to return to such country or area on account of race, religion, or political opinion;" 4. that they "are not nationals of the countries or areas in which their application for conditional entry is made...." The District Director denied the respondent's application for adjustment of status because of "intervening

21 : The Cla:.ef Mr. Justice 731ack. L'arlan Mr. Li:.; an Mr r!ra 2nd DRAFT From : Stewart, SUPREME COURT OF THE UNITED STAT irculat ed NO OCTOBER TERM, 1970 Re circulated : AP_R +4 rz: George K. Rosenberg, District Director, Immigration and On Writ of Certiorari to Naturalization Service, Peti- the United States tioner, Court of Appeals for v. the Ninth Circuit. Yee Chien Woo. [April, 1971] MR. JUSTICE STEWART. with whom MR. JUSTICE DOUG- LAS. MR. JUSTICE BRENNAN. and MR. JUSTICE MARSHALL join, dissenting. On March 8, the respondent, who fled mainland China for Hong Kong in 1953 and has resided in the United States since May 22, 1960, filed with the Immigration Service an application for adjustment of status pursuant to 203 (a) (7) of the Immigration and Nationality Act, as amended, S U. S. C (a:) (7). By the terms of 203 (a) (7) applicants for adjustment of status are required to show: 1. that they "have been continuously physically present in the United States for a period of at least two years prior to application for adjustment of status;" 2. that "because of persecution or fear of persecution on account of race. religion. or political opinion they have fled ( I) from any Communist or Communist-dominated country or area that they "are unable or unwilling to return to such country or area on account of race, religion, or political opinion ;" 4. that they "are not nationals of the countries or areas in which their application for conditional entry is made...."

22 3rd DRAFT To: The Chief Justice Mr. Justice Black Mr. Justic!e Douglas Mr. Ju2tj.c3 Harlan Er. Jvsti.co Brennan Er. 3-12ti3 nite Yr. ter. Justicci Blackmun SUPREME COURT OF THE UNITED STATES From: Stewart, J. No OCTOBER TERM, 1970 Circulated: George K. Rosenberg, District Re irculat ed Director, Immigration and On Writ of Certiorari to Naturalization Service, Peti- the United States tioner, Court of Appeals for V. the Ninth Circuit. Yee Chien Woo. [April, 1971] MR. JUSTICE STEWART, with whom MR. JUSTICE DOUG- LAS, MR. JUSTICE BRENNAN, and MR. JUSTICE MARSHALL join, dissenting. On March 8, 1966, the respondent, who fled mainland China for Hong Kong in 1953 and has resided in the United States since May 22, 1960, filed with the Immigration Service an application for adjustment of status pursuant to 203 (a) (7) of the Immigration and Nationality Act, as amended, 8 U. S. C (a) (7). By the terms of 203 (a) (7) applicants for adjustment of status are required to show: 1. that they "have been continuously physically present in the United States for a period of at least two years prior to application for adjustment of status;" 2. that "because of persecution or fear of persecution on account of race, religion, or political opinion they have fled (I) from any Communist or Communist-dominated country or area... " 3. that they "are unable or unwilling to return to such country or area on account of race, religion, or political opinion;" 4. that they "are not nationals of the countries or areas in which their application for conditional entry is made...." APR 1 6 '1971

23 Supreme Court of the United States Memorandum 19

24 Auvrtutz Qlourt of tile 'Anita ham ffas trixtgfart, Q. 20Ple4 CHAMBERS OF JUSTICE BYRON R. WHITE April 6, 1971 Re: No Rosenberg v. Yee Chien Woo Dear Hugo: Please join me. Sincerely, Mr. Justice Black Copies to Conference

25 1tintIttt (Court of tile littittb Stets asitington, ID. 2.agu CHAMOEFfS OF JUSTICE THURGOOD MARSHALL March 29, 1971 Re: No Rosenberg v. Yee Chien Woo Dear Hugo: Please join me. Sincerely, T.M. Mr. Justice Black cc: The Conference

26 iiittprtute Q;attrt of tilt lizt- it eb _States naviringten. aigoirg Ci AMBERS JUSTICE THURC3COD MARSHALL April 7, 1971 Re: No Rosenberg v. Yee Chien Woo D e ar Hugo: Attached is my join in Potter's cr,lnion in this case. As I read the votes you still have a Court, and I would rest more easily if you will permit me to withdraw my concurrence in your opinion and join in Potter Stewart's opinion. Sincerely, Mr. Justice Black cc: The Conference

27 , txpreate (Court of tilt rititeb.butts US T ; E TH IJ OGOOD '4ARSH AL L 7,pril 7, 1971 Nc. 1.;6 - Ros csnberq v. Yee Chien Wo.: Dear Pot:er: I voted the other way originally joined 7algo's opinion in this case. I have been worried ever since. Your dissenting opinion has finally convinced me that I was wrong. Therefore, please join me in your dissent. Sincerely, Mr. Justice Stewart cc: The Conference

28 March b. t Zgr a Ow Haw la graty permissive. *ad I a pleased ft jails it.