A-2725294
Decided by Board August 18, 1950
Board of Special Inquiry hearing — Applicability of Administrative Procedure Act (1946).
The Administrative Procedure Act (June 11, 1946) does not apply to Board of Special Inquiry hearings ( 60 Stat. 237, 5 U.S.C. secs. 1001 et seq.).
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1924 — No visa.
Act of 1917, as amended — Departed to avoid military service.
BEFORE THE BOARD
Discussion: This case is before us on appeal from an order of the Assistant Commissioner of June 14, 1950, affirming a decision of a board of special inquiry excluding the subject alien from admission to the United States on the above-stated grounds.
We have carefully reviewed the record in the case and counsel's brief on appeal. The facts and circumstances of the case are fully discussed by the Assistant Commissioner in his opinion, and we agree with the conclusion reached that the subject alien is inadmissible to this country.
Counsel's brief on appeal is directed mainly to the hearing before the board of special inquiry. It is maintained that the hearing was unfair and illegal in that the board of special inquiry was one in which that Board acted as investigator, prosecutor, judge, and jury. In support of this position, counsel cites Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S. Ct. 445, 94 L. Ed. 383 (1950). In this regard it should be pointed out that it has been held that the Administrative Procedure Act does not apply to board of special inquiry hearings. ( U.S. ex rel. Saclarides et al. v. Shaughnessy, 180 F. (2d) 687 (C.A. 2, 1950); U.S. ex rel. Frisch v. Miller, 181 F. (2d) 360 (C.A. 5, 1950), 18 L.W. 2466). The appeal from the decision of the Commissioner will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.