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Administrative Law Keyed to Breyer
Wong Yang Sung v. McGrath
Citation:
339 U.S. 33 (1950)Facts
Wong Yang Sung, a native and citizen of China, was arrested by immigration officials on charges of being unlawfully in the United States after overstaying his shore leave as a shipping crew member. Following standard Immigration Service procedure, Wong received a hearing before an immigrant inspector who served as the “presiding inspector.” Under the regulations in place at the time, this inspector was responsible for conducting the interrogation of the alien, cross-examining witnesses, and presenting evidence to support the deportation charges. The same inspector then prepared findings of fact, conclusions of law, and a proposed deportation order. The Acting Commissioner approved the deportation recommendation, and the Board of Immigration Appeals affirmed. Wong then sought release through habeas corpus proceedings, arguing that the administrative hearing violated the Administrative Procedure Act’s requirements for separation of prosecutorial and adjudicatory functions.
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