In the case of Rosenberg, District Director, Immigration and Naturalization Service v. Yee Chien Woo in 1970, the U.S Supreme Court ruled that an immigrant facing deportation has a right to judicial review before being deported. The court held that Section 106(a) of the Immigration and Nationality Act does not preclude judicial review for immigrants who are ordered to be deported due to their association with communist organizations. This decision was based on constitutional grounds as well as statutory interpretation of immigration law. The ruling emphasized that Congress did not intend to foreclose judicial scrutiny over such serious allegations which could lead to severe consequences like deportation.

In the dissenting opinion for Rosenberg, District Director, Immigration and Naturalization Service v. Yee Chien Woo (1970), Justice Harlan argued that the majority's decision to grant judicial review of deportation orders was a misinterpretation of Section 106(a) of the Immigration and Nationality Act. He contended that this section only allows for judicial review in cases where constitutional rights or questions are at stake. In his view, granting such broad powers of review would unnecessarily burden courts with administrative matters best left to immigration authorities. Furthermore, he believed it could potentially undermine national security by allowing potential threats to remain in the country during lengthy appeals processes.