Usins

OPINION AND ORDER

The Court has before it two actions challenging, in different respects, the exclusion of homosexual alien visitors from entry into the United States. In In the Matter of the Petition of Carl Hill, C-81-4055 RPA, an alien, ordered excluded from the United States because he is a homosexual, brings the challenge by way of a petition for writ of habeas corpus. This case is in essence a “test” case for purposes of determining what requirements must be met for the Immigration and Naturalization Service to exclude homosexuals from entry into the United States.

Because he was an alien having no constitutional right to enter the United States, Kleindienst v. Mandel, 408 U.S. 753, 762 , 92 S.Ct. 2576, 2581 , 33 L.Ed.2d 683 (1972), Hill was unable to directly challenge the propriety of excluding homosexuals from entry. He focuses his challenge on the procedures for such exclusion. The direct challenge comes in the case of Lesbian/Gay Freedom Day Committee, Inc. v. U. S. Immigration and Naturalization Service, C-81-2522 RPA. In this case citizens of the United States bring suit contending that the exclusion of homosexual visitors from entering the United States violates…