It Is the plain duty of the courts. regardless of their views of the wisdom or policy of the Act. to construe this remedial legislation to eliminate. so far as its text permits. the practices It condemns. U Turning now to the case before us. we find the administrative hearing a perfect exemplification of the practices so unanimously condemned. This hearing. which followed the uniform practice of the Immigration Service.2 was before an immigrant inspector. who. for purposes of the hearing. is called the presiding inspector." Except with consent of the alien. the presiding inspector may not be the one who investigated the case. 8 C.F.R. 150.6 (b) .26 But the inspectors duties include investigation of like cases. and while he Is toSeptember 3.0. 1970 day hearing cases investigated by a colleague. tomorrow his investigation of a case may be heard before the inspector whose case he passes on today. An "examining inspector" may be designated to conduct the prosecution. 8 C.F.R. 150.6(n). but none was In this case. and. in any event. the examining inspector also has the same mixed prosecutive and hearing functions. The presiding inspector. when no examining inspector is present. is required to "conduct the interrogation of the alien and the witnesses in behalf of the Government and shall crossexamine the aliens witnesses and present such evidence as is necessary to support the charges in the warrant of arrest." 8 C.F.R. 150.6(b).
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