wong yang sung mcgrath argued december decided february administrative hearings proceedings deportation aliens must conform requirements administrative procedure act et seq pp history act discloses remedial legislation construed far text permits give effect remedial purposes evils aimed appear pp one fundamental purposes act ameliorate evils resulting practice commingling one person duties prosecutor judge pp hearing proceeding deportation alien presided presiding inspector immigration service investigated particular case whose general duties included investigation similar cases examining inspector present conduct prosecution duty presiding inspector conduct interrogation alien government witnesses alien witnesses present evidence necessary support charges warrant arrest might become duty lodge additional charge alien hear evidence charge hearing required prepare summary evidence proposed findings fact conclusions law proposed order consideration commissioner immigration held contrary purpose administrative procedure act ameliorate evils resulting combination prosecuting adjudicating functions administrative proceedings pp section administrative procedure act establishes certain formal requirements every adjudication required statute determined record opportunity agency hearing applies deportation proceedings conducted immigration service although immigration act contains express requirement hearings deportation proceedings pp limitation administrative procedure act hearings required statute exempt hearings held compulsion administrative agencies may hold regulation rule custom special dispensation exempt hearings requirement read statute order save statute constitutional invalidity pp nothing immigration act specifically provides immigrant inspectors shall conduct deportation hearings designated pp habeas corpus proceeding district held administrative procedure act june stat et apply deportation hearings supp appeals affirmed app granted certiorari reversed irving jaffe argued cause petitioner brief jack wasserman gaspare cusumano thomas farrell robert ginnane argued cause respondents brief solicitor general perlman assistant attorney general campbell robert erdahl paul winings charles gordon wendell berge alvis layne john gage filed brief riss amicus curiae supporting petitioner justice jackson delivered opinion habeas corpus proceeding involves single ultimate question whether administrative hearings deportation cases must conform requirements administrative procedure act june stat et seq wong yang sung native citizen china arrested immigration officials charge unlawfully overstayed shore leave one shipping crew hearing held immigrant inspector recommended deportation acting commissioner approved board immigration appeals affirmed wong yang sung sought release custody habeas corpus proceedings district district columbia upon sole ground administrative hearing conducted conformity administrative procedure act government admitted noncompliance asserted act apply hearing discharged writ remanded prisoner custody holding administrative procedure act inapplicable deportation hearings supp appeals affirmed app prisoner petition certiorari opposed government question presented obvious importance administration immigration laws granted review administrative procedure act june supra new basic comprehensive regulation procedures many agencies advance arguments generalities include determination questions coverage may well approached consideration purposes disclosed background multiplication federal administrative agencies expansion functions include adjudications serious impact private rights one dramatic legal developments past partly restriction statute partly judicial partly necessity nature multitudinous semilegislative executive tasks decisions administrative tribunals accorded considerable finality especially respect fact finding conviction developed particularly within legal profession power sufficiently safeguarded sometimes put arbitrary biased use concern administrative impartiality response growing discontent reflected congress early senator norris introduced bill create separate administrative fears dissatisfactions increased tribunals grew number jurisdiction succession bills offering various remedies appeared congress inquiries practices state agencies tended parallel follow federal pattern instituted several studies noteworthy thoroughness impartiality vision resulted executive branch federal government also became concerned whether structure procedure bodies conducive fairness administrative process president roosevelt committee administrative management recommended complete separation adjudicating functions personnel investigation prosecution president early also directed attorney general name committee eminent lawyers jurists scholars administrators review entire administrative process various departments executive government recommend improvements including suggestion needed legislation strong demand reform however congress await committee report passed known bill comprehensive rigid prescription standardized procedures administrative agencies bill vetoed president roosevelt december veto sustained house president veto message made denial need reform rather pointed task committee whose objective suggest improvements make process workable proved unexpectedly complex president said desire await report recommendations approving measure complicated field committee divided views majority minority submitted bills introduced subcommittee senate judiciary committee held exhaustive hearings three proposed measures gathering storm national emergency war consideration problem put aside though bills subject reappeared attract much attention bill evolved present act introduced consideration hearing especially agency interests painstaking administrative agencies invited submit views writing tentative revised bill prepared interested parties invited submit criticisms attorney general named representatives department justice canvass agencies report criticisms submitted favorable report bill finally revised passed houses without opposition signed president truman june act thus represents long period study strife settles contentions enacts formula upon opposing social political forces come rest contains many compromises generalities doubt ambiguities experience may reveal defects disservice form government administrative process courts fail far terms act warrant give effect remedial purposes evils aimed appear ii several administrative evils sought cured minimized two particularly relevant issues us today one purpose introduce greater uniformity procedure standardization administrative practice among diverse agencies whose customs departed widely pursue note exception may find applicability tend defeat purpose fundamental however purpose curtail change practice embodying one person agency duties prosecutor judge president committee administrative management voiced theme variations language reiterated throughout legislative history act committee report president roosevelt transmitted congress approval great document permanent importance said independent commission obliged carry judicial functions conditions threaten impartial performance judicial work discretionary work administrator merged judge pressures influences properly enough directed toward officers responsible formulating administering policy constitute unwholesome atmosphere adjudicate private rights mixed duties commissions render escape subversive influences impossible furthermore men obliged serve prosecutors judges undermines judicial fairness weakens public confidence fairness commission decisions affecting private rights conduct lie suspicion rationalizations preliminary findings commission role prosecutor presented administrative management government report president committee administrative management another study made distinguished committee named secretary labor whose jurisdiction time included immigration naturalization service committee observations relevancy procedure examination said inspector presides formal hearing many respects comparable trial judge minimum function determining subject objection alien behalf goes written record upon decision ultimately based existing practice also function counsel representing moving party merely admit evidence alien responsibility seeing evidence put record precise scope appropriate functions first question considered secretary labor committee administrative procedure immigration naturalization service mimeo merely provide particular cases different inspectors shall investigate hear insufficient guarantee insulation independence presiding official present organization field staff gives work kinds commonly inspector tends toward identity viewpoint inspectors chiefly one kind work recommend presiding inspectors relieved present duties presenting case aliens confirmed sic entirely duties customary judge course require assignment another officer perform task prosecuting attorney appropriate officer purpose seem investigating inspector prepared case alien already thoroughly familiar genuinely impartial hearing conducted critical detachment psychologically improbable impossible presiding officer responsibility appraising strength case seeking make strong possible complete divorce investigation hearing possible long presiding inspector duty assembling presenting results investigation id types commingling functions investigation advocacy function deciding thus plainly undesirable also avoidable avoided appropriate internal division labor disqualifications produced investigation advocacy personal psychological ones result engaging types activity problem simply one isolating engage activity creation independent hearing commissioners insulated phases case hearing deciding committee believes go far toward solving problem level initial hearing provided proper safeguards established assure insulation atty comm ad proc doc sess evils found disinterested competent students facts congress gave impetus demand reform act intended accomplish plain duty courts regardless views wisdom policy act construe remedial legislation eliminate far text permits practices condemns iii turning case us find administrative hearing perfect exemplification practices unanimously condemned hearing followed uniform practice immigration service immigrant inspector purposes hearing called presiding inspector except consent alien presiding inspector may one investigated case inspector duties include investigation like cases today hearing cases investigated colleague tomorrow investigation case may heard inspector whose case passes today examining inspector may designated conduct prosecution none case event examining inspector also mixed prosecutive hearing functions presiding inspector examining inspector present required conduct interrogation alien witnesses behalf government shall alien witnesses present evidence necessary support charges warrant arrest may even become duty lodge additional charge alien proceed hear accusation like manner soon practicable prepare summary evidence proposed findings fact conclusions law proposed order copy furnished alien counsel may file exceptions brief whereupon whole forwarded commissioner administrative procedure act go far require complete separation investigating prosecuting functions adjudicating functions safeguards set intended ameliorate evils commingling functions exemplified beyond doubt commingling objectionable anywhere seem particularly deportation proceeding frequently meet vote less class litigants lack influence citizens strangers laws customs find involved often even understand tongue accused nothing nature parties proceedings suggests strain exempt deportation proceedings reforms administrative procedure applicable generally federal agencies accord weight argument apply act hearings cause inconvenience added expense immigration service course nearly every agency applied power purse belongs congress congress determined price greater fairness high agencies unlike aliens ready persuasive access legislative ear error made including relief congress simple matter brings us contentions parties advanced based pendency congress bills exempt agency act following adverse decision department asked congress exempting legislation appropriate committees houses reported favorably different form substance congress adjourned without action government argues congress knows immigration service construed act applying deportation proceedings taken action indicating disagreement interpretation therefore least arguable congress prepared specifically confirm administrative construction clarifying legislation think draw inference incompleted steps legislative process cf helvering hallock hand draw inference urged petitioner agency admits acting upon wrong construction seeking ratification congress public policy requires agencies feel free ask legislation terminate avoid adverse contentions litigations feel justified holding request failure get single session congress clarifying legislation genuinely debatable point agency procedure admits weakness agency contentions draw therefore inference favor either construction act department request legislative clarification congressional committees willingness consider congress failure enact come examination text act determine whether government right contentions first general scope act cover deportation proceedings second even proceedings excluded requirements act virtue iv administrative procedure act establishes number formal requirements applicable every case adjudication required statute determined record opportunity agency hearing argument depends upon words adjudication required statute government contends express requirement hearing adjudication statute authorizing deportation omission shields proceedings impact petitioner hand contends deportation hearings though expressly required statute required decisions proceedings therefore within scope parties invoke many citations legislative history meaning given key words framers advocates opponents administrative procedure act original bill applied hearings required law suggested attorney general changed required statute constitution finally emerged required statute government argues section intended apply explicit statutory words granting right adjudication pointed petitioner hand cites references indicate limitation statutory hearing merely avoid creating inference new right hearing right existed otherwise know legislative history conflicting text ambiguous difficulty argument premised proposition deportation statute require hearing without hearing constitutional authority deportation constitutional requirement procedural due process law derives source congress power legislate applicable permeates every valid enactment body compulsion constitution long ago held antecedent deportation statute must provide hearing least aliens entered clandestinely time even illegally said reasonable construction acts congress question need otherwise interpreted case acts congress interpretation adopted without violence import words used bring harmony constitution japanese immigrant case indeed construe immigration act might bring constitutional jeopardy constitution requires hearing requires fair one one tribunal meets least currently prevailing standards impartiality deportation hearing involves issues basic human liberty happiness present upheavals lands aliens may returned perhaps life might difficult justify measuring constitutional standards impartiality hearing tribunal deportation proceedings like condemned congress unfair even less vital matters property rights stake hold administrative procedure act cover deportation proceedings conducted immigration service remaining question whether exception administrative procedure act exempts deportation hearings held immigrant inspectors provides sec hearings section requires conducted pursuant section presiding officers shall preside taking evidence agency one members body comprises agency one examiners appointed provided act nothing act shall deemed supersede conduct specified classes proceedings whole part boards officers specially provided designated pursuant statute stat inspection aliens including seeking admission readmission privilege passing residing examination aliens arrested within act shall conducted immigrant inspectors except hereinafter provided regard boards special inquiry said inspectors shall power administer oaths take consider evidence touching right alien enter reenter pass reside action may necessary make written record evidence stat amended section qualifies presiding officers hearings agency one members body comprising agency also leaves untouched others whose responsibilities duties hearing officers established statutory provision hearings employees whose responsibility authority derives lesser source must examiners whose independence tenure guarded act give assurances neutrality congress thought guarantee impartiality administrative process find basis purposes history text act judicially declaring exemption favor deportation proceedings procedural safeguards enacted general application administrative agencies hold deportation proceedings must conform requirements administrative procedure act resulting orders validity since proceeding case us comply requirements sustain writ habeas corpus direct release prisoner reversed footnotes see blachly oatman administrative legislation adjudication landis administrative process pound administrative law carrow background administrative law federal administrative procedure act administrative agencies final report attorney general committee administrative procedure contained doc sess cushman independent regulatory commissions cc frankfurter task administrative law rev materials cited infra see dickinson administrative justice supremacy law passim final report attorney general committee administrative procedure supra see materials cited infra root public service bar hughes aspects development american law sutherland private rights government control address president guthrie american bar association formed special committee administrative law bar concern traced committee reports sess sess sess sess sess sess sess sess benjamin administrative adjudication state new york tenth biennial report judicial council governor legislature california see also fesler independence state regulatory agencies handbook national conference commissioners uniform state laws et seq administrative management government report president committee administrative management quoted statement president roosevelt message congress december vetoing bill doc origin orders leading creation attorney general committee set appendix committee final report supra sess cong rec reprinted doc sess cong rec cong rec doc supra bills appear pp committee final report supra majority bill became sess majority recommendation embodied sess hearings ran april july appendix collected four parts pages hearings subcommittee committee judiciary sess sess sess see sess sess reprinted doc respectively sess cong rec app cong rec passage senate cong rec amended version passed house cong rec house version agreed senate cong rec approved president sess final report attorney general committee administrative procedure mcfarland analysis federal administrative procedure act federal administrative procedure act administrative agencies see also hearings subcommittee house committee judiciary sess sess sess doc sess cong rec see supra see et seq initial step deportation case investigation alien immigrant inspector followed issuance warrant arrest incarceration unless alien released bond formal hearing follows eisler clark supp sess sess section immigration act february stat amended provides part alien shall entered shall found violation act violation law shall upon warrant attorney general taken custody deported every case person ordered deported provisions act law treaty decision attorney general shall final see note infra japanese immigrant case kwock jan fat white bridges wixon concurring opinion section bills proposed majority minority recommendations final report attorney general committee administrative procedure pp hearings subcommittee senate committee judiciary sess original act stat reads act although codification reads section former controlling supp ii order modifying judgment see post justice reed dissenting seems disregarded congressional exemption certain agencies including immigration naturalization service requirements administrative procedure act judicial intrusion legislative domain justifies protest may useful call attention necessity recognizing specific exceptions general rules protest rested ground immigrant inspectors performing duties immigration act within exception provided administrative procedure act opinion discusses point subdivision sections set examined reader case one questions constitutionality hearing wong received immigrant inspector administrative review commissioner board immigration appeals question disagree whether administrative procedure act permits inspector immigration naturalization service serve presiding officer deportation hearing section administrative procedure act provides official presiding taking evidence shall agency agency member examiner appointed act exception requirement reads follows nothing act shall deemed supersede conduct specified classes proceedings whole part boards officers specially provided designated pursuant statute immigration act stat inspection aliens including seeking admission readmission privilege passing residing examination aliens arrested within act shall conducted immigrant inspectors said inspectors shall power administer oaths take consider evidence touching right alien enter reenter pass reside action may necessary make written record evidence reason exception spelled legislative history act exception may made retain smoothness operation several agencies officials specially provided statute designated pursuant statute making exceptions requirements separation investigatory adjudicatory functions natural include officers specially designated statute sit judgment agency members excluded requirements administrative procedure act investigatory adjudicatory duties since members agency statutorily designated officers specially selected functions perform congress probably reposed confidence experience expertness doubtless wish disorganize administration time showed whether confidence well placed since accept view reach useless undertake analysis questions presented petition certiorari thus congressional committee warned exception loophole avoidance examiner system real sense corrective legislation necessary provision intended permit agencies avoid use examiners preserve special statutory types hearing officers contribute something examiners contribute time assure parties fair impartial procedure doc