ever been naturalized or acquired any domicile or
residence in the United States, the decision of an executive or
administrative officer, acting within powers expressly conferred by
Congress, as to whether or not they shall be permitted to enter the
country, is due process of law.[133] The complete authority of Congress
in the matter of admission of aliens justifies delegation of power to
executive officers to enforce the exclusion of aliens afflicted with
contagious diseases by imposing upon the owner of the vessel bringing
any such alien into the country, a money penalty, collectible before and
as a condition of the grant of clearance.[134] If the person seeking
admission claims American citizenship, the decision of the Secretary of
Labor may be made final, but it must be made after a fair hearing,
however summary, and must find adequate support in the evidence. A
decision based upon a record from which relevant and probative evidence
has been omitted is not a fair hearing.[135] Where the statute made the
decision of an immigration inspector final unless an appeal was taken to
the Secretary of the Treasury, a person who failed to take such an
appeal did not, by an allegation of citizenship, acquire a right to a
judicial hearing on _habeas corpus_.[136]

DEPORTATION

Deportation proceedings are not criminal prosecutions within the meaning
of the Bill of Rights. The authority to deport is drawn from the power
of Congress to regulate the entrance of aliens and impose conditions
upon the performance of which their continued liberty to reside within
the United States may be made to depend. Findings of fact reached by
executive officers after a fair, though summary deportation hearing may
be made conclusive.[137] In Wong Yang Sung _v._ McGrath,[138] however,
the Court intimated that a hearing before a tribunal which did not meet
the standards of impartiality embodied in the Administrative Procedure
Act[139] might not satisfy the requirements of due process of law. To
avoid such constitutional doubts, the Court construed the law to
disqualify immigration inspectors as presiding officers in deportation
proceedings. Except in time of war, deportation without a fair hearing
or on charges unsupported by any evidence is a denial of due process
which may be corrected on _habeas corpus_.[140] In contrast with the
decision in United States _v._ Ju Toy[141] that a person seeking
entrance to the United States was not entitled to a