Earl Warren

“ We see nothing anomalous about the fact that a change in the administrative regulations may effectively broaden or narrow the scope of review available in the Courts of Appeals. [16] Furthermore, we do not regard it 'in the last degree unlikely' that Congress intended a court of three judges to initially review discretionary determinations denying suspension of deportation. Much of the litigation in deportation cases with respect to the setting aside of an administrative determination on the ground of arbitrariness involves disputed eligibility questions and matters of statutory construction. ”

“ Since the adjudication of deportability is certainly the principal ingredient, and an indispensable one, of the ultimate result of the proceeding-a final order of deportation-it would not be unusual for Congress to include in an overall enactment relating to judicial review of all final orders of deportation a specific provision pertinent to the primary constituent of such an order. ”

“ Based on the historical background of the Immigration and Nationality Act, [6] the manifest purpose of Congress in enacting § 106 (a) , the context of the statutory language when viewed against the prevailing administrative practices and procedures, and pertinent legislative history of § 106 (a) , we are led to the conclusion that the interpretation argued for by petitioner and the Government is the correct one.
Prior to 1940, the Attorney General had no discretion with respect to the deportation of an alien who came within the defined category of deportable persons. ”

“ While the question is not free of difficulty, as evidenced by the division in the court below and the conflict among the various Courts of Appeals on the matter, we have concluded that the court below erred in holding that it was not. ”

“ And since the finding of eligibility involves questions of fact and law, paragraph (4) of § 106 (a) might be read to require that this finding be based on substantial evidence in the record. See Comment, 111 U. of Pa.L.Rev. 1226, 1229 (1963) . ”