Wong Yang Sung v. McGrath

Wong Yang Sung (plaintiff) was arrested for unlawful presence in the U.S., and an INS (defendant) hearing — in which the same immigration inspector effectively acted as both prosecutor and adjudicator — recommended his deportation, which the INS and Board of Immigration Appeals affirmed. Wong sought habeas relief, arguing the hearing failed to comply with the Administrative Procedure Act's procedural safeguards; the INS admitted noncompliance but argued the APA didn't apply because the underlying deportation statute didn't itself require a hearing or adjudication.

Whether administrative hearings in deportation cases must conform to the requirements of the Administrative Procedure Act.