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Administrative Law Keyed to Popper
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, he received a hearing before an immigrant inspector who served as the “presiding inspector.” This inspector was responsible for conducting the interrogation of Wong and government witnesses, cross-examining Wong’s witnesses, and presenting evidence to support the charges. The inspector then prepared a summary of evidence, proposed findings of fact, conclusions of law, and a proposed deportation order. The Acting Commissioner approved the deportation, which was affirmed by the Board of Immigration Appeals. Wong filed a habeas corpus petition challenging the validity of the hearing, arguing it did not conform to the requirements of the Administrative Procedure Act, particularly regarding the separation of prosecutorial and adjudicative functions.
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