United States v. Western Surety Co.

This appeal is from a judgment of the district court denying appellant recovery in a suit on a bond given by appellee pursuant to the Act of February 5, 1917, 8 U.S.C.A. § 156 , to insure the surrender of one Sucha Singh for deportation.

The major contention of the appellant is that the bond has been finally adjudicated to have been breached in a proceeding in the Department of Labor after notice and hearing to the appellee. The Board of Review of the Department of Labor recommended that the Immigration bond be declared breached and the penalty forfeited. On the same day it was so ordered by the Assistant to the Secretary of Labor.

The appellant claims that the order of the Assistant Secretary that the bond be declared breached is final and not reviewable except for failure to afford a fair hearing or manifest abuse of power. No statute or regulation conferring such adjudicating power on the Department officials has been cited. We agree w'ith the decision in Kubara v. United States, 3 Cir., 89 F.2d 965 that it does not exist.

A warrant for the arrest and deportation of the alien Sucha Singh was issued on October 3, 1936, by the Secretary of Labor. Singh was taken into custody…