before the boards "shall be separate and apart from the public"; but the alien may have one friend or relative present after the preliminary part of the hearing has been completed: Provided, (a) That such friend or relative is not and will not be employed by him as counsel or attorney; (b) That, if a witness, he has already completed the giving of his testimony; (c) That he is not the agent or representative at an immigration station of an immigration aid or other similar society or organization; and (d) That he is either actually related to or an acquaintance of the alien.* (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [3-3-1, Ch. R. & Regs., Oct. 1, 1926] 42.4 Distant witnesses; how testimony secured. In cases in which the witnesses reside at a distance from the port and whose testimony would appear to be material, decision shall be withheld by the board of special inquiry, and the official in charge will transmit the record to the immigration official nearest the place of residence of the witnesses, who shall conduct the necessary examination and transmit the record thereof and report thereon to the port of arrival, where and when it shall be considered by the board of special inquiry in arriving at its decision.* (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [34–1, Ch. R. & Regs., as renumbered by Ch. G.O. 6, Mar. 18, 1927] 42.5 Development of facts relating to penalties. In all cases in which there is any reason other than the issuance of a surgeon's certificate for believing that any one of the administrative fines prescribed by law, and specified in Part 23, may have been incurred, boards shall be careful to develop in the course of their hearings all facts and circumstances material to a determination of the transportation company's liability to such a fine.* [3-5-1, Ch. R. & Regs., as renumbered by Ch. G.O. 6, Mar. 18, 1927] 42.6 Excluded alien; informed of rights. An excluded alien shall be informed that the return voyage is at the expense of the steamship company which brought him; that the transportation company must return him in the same class in which he came; and, in cases covered by sections 16 and 26 of the Immigration Act of 1924 (43 Stat. 163, 166; 8 U.S.C. 216, 145), that a refund of his transportation from the initial point of departure to port of rejection is due him. The fact that he has been so informed shall be entered in the minutes.* (Secs. 16-18, 39 Stat. 885, 887; 8 U.S.C. 152-154) [3–6-1, Ch. R. & Regs., as renumbered by Ch. G.O. 6, Mar. 18, 1927] Sec. PART 43-CERTIFICATES OF EXEMPT STATUS Sec. 43.1 Evidential value of section 6 cer- 43.2 Consul, report of, concerning certifi. tificate; when holder admitted; cate; disposition of report. when admission denied. Section 43.1 Evidential value of section 6 certificate; when holder admitted; when admission denied. A Chinese presenting the certificate prescribed by section 6 of the Exclusion Act of July 5, 1884 (23 Stat. 116; 8 U.S.C. 265), in proper form and accompanied by the necessary documents duly visaed by a United States consular officer, shall be admitted, so far as the exclusion laws are concerned, upon identification as the proper holder of the certificate, unless such certifi Page 138 *For statutory citation, see note to § 42.1. cate is controverted and the facts stated therein disproved upon examination and investigation. Such certificate is prima facie evidence of the facts set forth therein, and, if examination and investigation develop evidence inconsistent with such facts and it is held that such certificate has been controverted, the applicant shall be denied admission. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222) [4-1-1, Ch. R. & Regs., Oct. 1, 1926] 43.2 Consul, report of, concerning certificate; disposition of report. In accordance with instructions issued by the Department of State, consular officers to whom section 6 certificates are presented, and by whom the accompanying documents are visaed, will forward to the immigration official in charge at the proposed port of entry a report of the completed investigation conducted by him upon which the visa was issued, which shall include a recital of the family history of the applicant. Such report shall be filed with the record of the case for future reference. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets 23 Stat. 116; 8 U.S.C. 265) [4-2-1, Ch. R. & Regs., Oct. 1, 1926] PART 44-APPEALS Sec. 44.1 Alien informed as to rights; effect 44.3 Additional time for preparation of of; copy of record furnished counsel. case. 44.4 Applications for reopening of case. Section 44.1 Alien informed as to rights; effect of; copy of record furnished counsel. If the board of special inquiry reaches the conclusion that the applicant has not satisfactorily established his claim of right to enter under the status alleged upon arrival, such board shall enter upon the record an excluding decision, and the official in charge of the port shall notify the applicant or his counsel that such decision has been rendered, and the reasons therefor, and that five days will be allowed in which to note an appeal to the Secretary of Labor. Notice of an intention to appeal, made within the time specified, by the applicant himself, the attorney of record, or others interested, shall act as a stay upon the ultimate disposal of the applicant until either the appeal is withdrawn or a final decision is rendered by the Secretary. The board member who may dissent from a majority vote to admit also may note an appeal. After the excluding decision of the board of special inquiry is made the attorney of record, if any, shall be permitted to examine the record and exhibits and, upon request, shall be furnished with a copy of the testimony, summary and motions. The copying of this record in whole or in part is strictly prohibited. Such copy shall be returned to port when the case is concluded or to the Department when the case is submitted upon brief or argument. [5-1-1, Ch. R. & Regs., as amended by Ch. G.O. 15, Nov. 20, 1929] *§§ 44.1 to 44.4, inclusive, issued under the authority contained in sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets secs. 16, 17, 39 Stat. 885, 887; 8 U.S.C. 152, 153. Page 139 44.2 Forwarding record of case. Within 10 days after the excluding decision of the board of special inquiry is rendered, or as soon thereafter as practicable, the complete record of the case and such briefs as are to be considered in connection therewith shall be forwarded by the official in charge to the Secretary of Labor through the Commissioner of Immigration and Naturalization.* [5-2-1, Ch. R. & Regs., Oct. 1, 1926] 44.3 Additional time for preparation of case. Additional time for the preparation of cases on appeal will be allowed to the appellant or attorney upon written request only when, in the judgment of the official in charge, a literal compliance with Part 42, and this part might occasion injustice to the applicant or the risk of defeat of the purpose of the law. If an extension of time is allowed, the reason therefor and its duration shall be stated in the record.* [5-3-1, Ch. R. & Regs., Oct. 1, 1926] 44.4 Applications for reopening of case. (a) Applications for reopening cases decided by the board of special inquiry and transmitted on appeal to the Secretary of Labor should be submitted in writing to the official in charge at the port of arrival, and the reopening of such cases will not be authorized by the Department, unless for reasons deemed by it to be sufficient, except upon favorable recommendation of such official. (b) Either before or after receiving the decision of the Department affirming an exclusion decision, the official in charge of the port may request permission of the Department to reopen the case, or may stay deportation (if the excluding decision has been affirmed), upon learning of the existence of new evidence. Before taking such action that officer (1) must be satisfied that the new evidence could not, with the exercise of reasonable diligence, have been introduced at the regular hearing or hearings; and (2) is, in his opinion, of such probable relevancy and materiality as to, in justice to the applicant for admission or the best interests of the Government, require consideration by the Department. When necessary to telegraph, the code word "Renvoy" shall be used. It means: "For the purpose of receiving new material evidence, recommend reopening case of (c) Whenever a case is referred back by the Central Office in order that additional evidence may be taken, such case is thereby reopened; and after the new evidence has been taken the board shall render a new decision, in which it may in its discretion reaffirm, alter, or reverse its previous one. The action of reopening a case under such circumstances is not to be taken as an indication of any disapproval by the Central Office or the Department of the board's decision or of what the new decision should be. [5-4-1, Ch. R. & Regs., Oct. 1, 1926] Sec. PART 45-DETENTION AND DEPORTATION Sec. 45.1 Expenses of maintenance and de- 45.2 Notification of time of sailing or tention; how borne. departure. Section 45.1 Expenses of maintenance and detention; how borne. Every Chinese person finally refused admission to the United States at a seaport or land border port of entry must be returned to Page 140 *For statutory citation, see note to § 44.1. the country whence he came, or of which he is a citizen or subject, at the expense of the owner, agent, master, or consignee of the vessel or other means of conveyance by which he was brought to such port. The same person or persons shall also be chargeable with all expenses of maintenance and detention while the case is awaiting final disposition. Any refusal to defray such expenses shall incur the penalty provided by section 18 of the Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154). (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets sec. 1, 37 Stat. 476; 8 U.S.C. 271) [6-1-1, Ch. R. & Regs., Oct. 1, 1926] 45.2 Notification of time of sailing or departure. The master, agent, owner, or consignee of any vessel or other means of transportation by which Chinese persons are brought to any port of entry shall, at least 24 hours before the time of intended departure of the vessel or other vehicle bringing them, notify the official in charge at said port of such intended sailing or departure, or that of any other vessel or vehicle owned or operated by the same persons, in order that the said official may place on board every Chinese person whose application to land has been finally denied. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets sec. 1, 37 Stat. 476; 8 U.S.C. 271) [6-2-1, Ch. R. & Regs., Oct. 1, 1926] PART 46-SEAMEN Section 46.1 Applicable rules and regulations. For procedure, definitions, etc., with respect to seamen generally, see Part 7, which accordingly applies to Chinese seamen applying for landing as such, but Chinese seamen applying for entry under any other status are subject to the treaty and the Chinese-exclusion laws, as well as the general immigration laws. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222) [7-1, Ch. R. & Regs., Oct. 1, 1926] PART 47-STUDENTS 47.1 Students defined; documents required. 47.2 Investigation of applicant for admission as student; cooperation with consul. Sec. 47.3 Schools, approved; abandonment of student status; applicable rules and regulations. Section 47.1 Students defined; documents required. A bona fide alien student within the meaning of the treaty and laws and particularly subdivision (e), section 4, of the Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)), is a person at least 15 years of age who is qualified to enter, and has definitely arranged to enter an accredited school, academy, seminary, or university particularly designated by him and approved by the Secretary of Labor, and who seeks to enter the United States temporarily for the sole purpose of pursuing a definite course of study at such institution, and who intends to depart Page 141 voluntarily from the United States upon the completion of such course of study, or the completion of any subsequent course of study which may later be authorized by the Department in some other recognized institution of learning. Such a student shall present upon arrival a certificate pursuant to section 6 of the Immigration Act of 1882, as amended by the Immigration Act of 1884 (23 Stat. 116; 8 U.S.C. 265), together with a nonquota immigration visa granted under subdivision (e), section 4, Immigration Act of 1924 (43 Stat. 155; 8 U.S.C. 204 (e)). (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222) [8-1-1, Ch. R. & Regs., Oct. 1, 1926] 47.2 Investigation of applicant for admission as student; cooperation with consul. Immigration officers shall cooperate fully and promptly with consular officers whenever requested by them to conduct in the United States any investigation suggested by the consular inquiry into the bona fides of the applicant's claims for the issuance of a nonquota visa as a student, especially upon the question of the financial provisions for applicant's maintenance and tuition in the United States. If circumstances indicate that any element of commercialism or promotion of immigration is involved in an application, the facts should be brought to the attention of the Department. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222: interprets 23 Stat. 116, sec. 4 (e), 43 Stat. 155; 8 U.S.C. 265, 204 (e)) [8-2-1, Ch. R. & Regs., Oct. 1, 1926] 47.3 Schools, approved; abandonment of student status; applicable rules and regulations. For approval of schools for immigrant students, withdrawal of approval, and abandonment of status, S$ 10.4-10.7, shall be applicable with reference to Chinese. (Sec. 8, 25 Stat. 478, sec. 5, 33 Stat. 428, sec. 2, 32 Stat. 176, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S.C. 278, 296, 102, 222) [8-3-1, Ch. R. & Regs., Oct. 1, 1926] PART 48—WIVES AND CHILDREN OF CERTAIN EXEMPT CHINESE Sec. Sec. 48.1 Who are admissible. 48.2 Evidence of admissibility. 48.5 Decision; appeal; reversal of favorable decision. 48.3 Preinvestigation concerning hus- 48.6 Procedure if appeal sustained, dis band and father. 48.4 Examination of witnesses; findings of official in charge. missed or not taken. 48.7 Majors not admitted as children of exempt merchants. Section 48.1 Who are admissible. The lawful wife and alien minor children of a lawfully resident alien Chinese merchant, as specified in § 41.1 (b), or of a lawfully resident alien minister or professor as specified in § 41.1 (c), are admissible whether such wife and such specified minor children accompany the husband or father or are Page 142 |