In the United States ex rel. Claussen v. Day case of 1928, the Supreme Court ruled on an immigration matter involving a Danish sailor named Peter Claussen who had jumped ship in New York and was subsequently ordered to be deported by the Commissioner of Immigration. The issue at hand was whether or not he could be considered as having "landed" in America without inspection, which would make him subject to deportation under existing laws. The court held that since Claussen had deserted his vessel with intent to evade immigration authorities and remain in the country illegally, he indeed landed without inspection and thus fell within provisions for deportation under Section 19 of Immigration Act of February 5th, 1917.

In the dissenting opinion for UNITED STATES ex rel. CLAUSSEN v. DAY, COMMISSIONER OF IMMIGRATION, Justice Holmes argued that Claussen should not be deported because he had been in the United States for more than seven years before his deportation proceedings began. He contended that the law at issue did not apply to individuals who had resided in the country for such a length of time prior to their legal troubles arising. Furthermore, he believed it was unjust and against public policy to deport someone who has established roots and contributed positively to society over many years due solely to an isolated criminal act committed after this period of residency.