In the 1958 case of Tak Shan Fong v. United States, the U.S Supreme Court ruled on an immigration matter involving a Chinese immigrant named Tak Shan Fong. Mr. Fong had been denied entry into the U.S based on his alleged affiliation with communist organizations in China, which was prohibited under Section 212(a)(28) of the Immigration and Nationality Act (INA). The court held that there was substantial evidence to support this finding by immigration authorities and affirmed their decision to exclude him from entering the country. However, it also found that he should have been given more time to prepare for his exclusion hearing as required by due process rights under Fifth Amendment protections.

In the dissenting opinion for Tak Shan Fong v. United States, it was argued that the majority's decision to deport Mr. Fong based on his alleged membership in a communist organization was unjust and unsupported by substantial evidence. The dissent contended that there were serious doubts about whether or not he had ever been a member of such an organization, as well as concerns over how this information had been obtained - through hearsay from unidentified sources who could not be cross-examined. Furthermore, they believed that even if he had once been a member of this group, there was no proof provided to suggest he still held these affiliations at the time of his deportation proceedings or posed any threat to national security. Therefore, they felt it inappropriate and unfair to use past associations alone as grounds for deportation without clear evidence demonstrating current danger or harm.