WONG YANG SUNG V. McGRATH 339 U.S. 33 (1950) CASE BRIEF

WONG YANG SUNG V. McGRATH
339 U.S. 33 (1950)
NATURE OF THE CASE: This was a habeas corpus proceeding.
FACTS: Wong Sung (D) was arrested by immigration officials on a charge of unlawfully being in the U.S. through having overstayed shore leave. D was a citizen of China. A hearing was held and an immigration inspector recommended deportation. The Acting Commission approved and the Board of Immigration Appeals affirmed. D then filed for habeas corpus release from custody on grounds that the administrative hearing was not conducted in conformity with sections 553 and 3105 of the APA. The government admitted noncompliance but defended on grounds that the APA did not apply.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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