This section contains the nature of the case and procedural background.

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.

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