In the 1921 case of Ng Fung Ho v. White, Chinese immigrants challenged their deportation orders on the grounds that they were natural-born U.S. citizens and thus had a constitutional right to remain in the country. The Supreme Court ruled in favor of the immigrants, stating that any person facing deportation has a right to due process under law as guaranteed by Fifth Amendment rights if citizenship is questioned during proceedings. This means they have a right to challenge their removal order in court before being deported from America. The decision was significant because it established an important precedent for immigrant rights and due process protections within immigration law.

In the dissenting opinion for NG Fung Ho v. White, Justice Holmes argued that the petitioners were not entitled to a judicial review of their deportation order because they had failed to provide sufficient evidence proving their U.S. citizenship during the administrative proceedings. He contended that due process was served as long as there was an opportunity for a fair hearing before an executive or administrative tribunal, even if it did not meet all judicial standards of procedure and evidence. Furthermore, he believed that immigration matters fell under Congress's plenary power over foreign affairs and should be left largely unreviewed by courts unless there is clear violation of constitutional rights or procedural fairness.