acter, and extent of the physical defect which it is certified may affect the ability of the alien to earn a living, boards of special inquiry shall call such examiner as a witness and interrogate him fully as to the particular nature, character, and extent of the affliction certified. Such testimony shall be made a part of the record.*+ (Secs. 16, 26, 27, 43 Stat. 163, 166, 167; 8 U.S.C. 216, 145, 146) [12-C-2] 12.5 Record in illiteracy cases. In all cases where the reading test is applied and aliens are rejected as unable to read, the board record shall, in addition to the card number, clearly set forth (a) that the alien designated the particular language used in the test, (b) the complete English text appearing on the card, (c) the definite finding by the board as to the degree in which the alien failed to read, and (d) if the alien claims to be within any class exempted from the test, a definite finding by the board as to the validity of such claim.** (Sec. 3, 39 Stat. 875, 41 Stat. 981, sec. 17, 39 Stat. 887; 8 U.S.C. 136 (0), 153) [12-D-1] 12.6 Excluded alien; informed of rights. Where an alien is excluded by a board of special inquiry he shall be advised of the decision of said board and the reason therefor, and when entitled to appeal to the Secretary of Labor, he shall be so advised, Provided That the exact language employed in advising alien of his right to appeal, together with a full and accurate transcript of alien's reply, shall be inserted in the record and made part thereof. An excluded alien shall be informed that the return voyage is at the expense of the transportation company which brought him; that such tranportation company must return him in the same class in which he came. The fact that he has been so informed shall be entered in the minutes.*† (Secs. 16, 17, 18, 39 Stat. 885, 887; 8 U.S.C. 152, 153, 154) [12-E-1, 2] the 12.7 Alien excluded for removable cause; reopening of case. Where an alien is excluded merely because of nonpossession of a visa, or for any cause which can readily be removed or overcome, case may be reopened within a period of thirty days from the date of original exclusion. Where the statistical month ends prior to final disposition, the case for statistical purposes will be carried into the succeeding statistical month.** (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [12-E-3] 12.8 Alien certified for mental condition; right of medical appeal. An alien certified for insanity or mental defect shall be advised of his right to appeal to a board of medical officers of the United States Public Health Service, and that he may introduce before such board one expert medical witness at his own cost and expense. The exact language employed in so informing the alien of his rights, together with a full and accurate transcript of his reply, shall be inserted in the record and made a part thereof. In the event the alien desires to appeal to such medical board the officer in charge at the port, in conformity with regulations prescribed by the United Page 68 **For statutory and source citations, see note to § 12.1. States Public Health Service, shall make such arrangements with the office of the Surgeon General as may be necessary for the convening of such medical board without the case being first reported to the Central Office.*i (Sec. 16, 39 Stat. 885; 8 U.S.C. 152) [12-E-4] PART 13-READMISSION AND TEMPORARY ADMISSION Sec. Sec. 13.1 Aliens returning to unrelinquished 13.4 Excludable aliens applying at seadomicile; domicile defined. 13.2 Temporary admission from contig uous territory; medical treat- 13.3 Temporary admission or transit ports for temporary admission without advance consent; procedure. Application for admission by alien liable to be excluded. Section 13.1 Aliens returning to unrelinquished domicile; domicile defined. Aliens returning after a temporary absence to an unrelinquished United States domicile of seven consecutive years may be admitted in the discretion of the Secretary of Labor and under such conditions as he may prescribe. In such case satisfactory proof of domicile in the United States for seven consecutive years, and of departure therefrom with the intention of returning thereto, will be exacted. Every case of exclusion for any cause in which the alien has given such proof, shall be promptly brought by the official in charge to the attention of the Secretary of Labor, through the usual official channels, with a complete report of the reasons for the alien's exclusion and of the proof which has been offered of continuous and unrelinquished domicile, together with a statement of the duration of the absence. Domicile, for the purposes of this section, means that place where a person has his true, fixed, and permanent home, and principal establishment, to which, whenever he is absent, he has the intention of returning.**+* (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (p)) [13-A-1, 2] **§§ 13.1 to 13.5, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. ††The source of §§ 13.1 to 13.5, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 13.2 Temporary admission from contiguous territory; medical treatment; mandatorily excludable alien. Aliens mandatorily excluded and seeking temporary admission from foreign contiguous territory for the purpose of undergoing medical or surgical treatment in the United States may be admitted for such purpose when it appears to the satisfaction of the officer in charge that an emergency exists for immediate medical or surgical aid, and if such alien shall furnish satisfactory guaranty or a bond with approved surety in the penal sum of not less than $500 conditioned that he will depart from the United States when such medical or surgical treatment is completed. Aliens of the class referred to, seeking temporary admission for the purpose of entering a private or public hospital, sanitarium, or medical institution for treatment, may be **For statutory and source citations, see note to § 12.1. Page 69 admitted for such purpose when it satisfactorily appears to the officer in charge that the designated private or public hospital or sanitarium or medical institution which the alien has arranged to enter for treatment has on file with the Central Office a bond covering such case and properly conditioned that aliens treated in such designated hospital, sanitarium, or institution, will depart from the United States when such treatment is completed. In either case above referred to the alien may be required in the discretion of the officer in charge to submit in duplicate an unmounted photograph of himself 2 by 2 inches in size, the distance from the top of head to point of chin to be approximately 114 inches. All other applications made by the mandatorily excluded classes for temporary admission from foreign contiguous territory shall be submitted to the Central Office for special ruling.*t (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (q)) [13–B–1] 13.3 Temporary admission or transit denied, without advance consent, to certain aliens. Temporary admission to the United States, or for the purpose of proceeding in transit through the United States, or to proceed from a port thereof directly or by way of any other United States port or ports to a foreign port, will not be granted in the case of any alien brought to a seaport of the United States (or in the case of a transit alien who is brought to a designated Canadian seaport), who at the time of arrival is within any of the classes of aliens hereafter described in this section, unless prior to departure from abroad consent shall have been obtained from the Secretary of Labor for the alien's temporary admission to the United States, and if upon arrival he is found not to be within any of such classes other than as stated in the application for such consent; any alien afflicted with idiocy, insanity, imbecility, feeble-mindedness, epilepsy, constitutional psychopathic inferiority, chronic alcoholism, tuberculosis in any form, or a loathsome or dangerous contagious disease, if it appears to the satisfaction of the Secretary of Labor that the alien was so afflicted at the time of foreign embarkation and that the existence of such disease or disability might have been detected by means of a competent medical examination at the time of foreign embarkation, or any alien who is found to be excludable under the provisions of section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U.S.C. 136), because found to be unable to read, or as a native of that portion of the continent of Asia and the islands adjacent thereto described in said section, if it appears to the satisfaction of the Secretary of Labor that these disabilities might have been detected by the exercise of reasonable precaution prior to the departure of such alien from abroad.*+ [13-B-2] 13.4 Excludable aliens applying at seaports for temporary admission without advance consent; procedure. The cases of all aliens of the excludable classes brought to seaports of the United States who apply for temporary_admission, except cases within § 13.3, shall be submitted to the Department for special ruling.*+ (Sec. 3, 39 Stat. 875; 8 U.S.C. 136 (q)) [13-B–3] 13.5 Application for admission by alien liable to be excluded. An alien seeking admission under the provisions of section 21 of the Page 70 **For statutory and source citations, see note to § 13.1. Immigration Act of 1917 (39 Stat. 891; 8 U.S.C. 158), shall make application therefor either direct to the Central Office or by appeal from an excluding decision of a board of special inquiry, and in either case shall show in such application that a bond with approved surety or collateral in the penal sum of not less than $500, conditioned as authorized by said section 21 and on form approved by the Secretary of Labor, has been furnished, or that in lieu of such bond cash of not less than $500 or postal money order of like amount has been deposited for the purposes and subject to the same conditions as prescribed in said bond form. Upon receipt of such application the Central Office may in its discretion authorize the admission of such alien.*† [13-C-1] PART 14-ASSISTANCE TO ADMITTED ALIENS Section 14.1 Admitted alien assisted; when. Notwithstanding admission, and for reasons satisfactory to the officer in charge, any alien may remain a few days at an immigration station upon payment of actual expenses. If in such a case the delay in leaving the immigration station is due to accident or other unavoidable circumstances and the alien is without sufficient means to defray the expenses incident thereto, the immigration officer in charge, in his discretion, may authorize such expense, reporting the case promptly to the Central Office with full reasons for his action and requesting that the authorization be ratified. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222) [14-A-1, Im. R. & Regs., Jan. 1, 1930] PART 15-APPEALS FROM DECISIONS BY BOARD OF SPECIAL INQUIRY in Section 15.1 Who may appeal. An alien desiring to appeal may do so individually or through any society admitted to an immigration station or through any relative or friend or through any person, cluding attorneys permitted to practice before the immigration authorities. Where such an appeal has been taken any further appeal shall be disregarded. Appeals purporting to be filed on behalf of an alien but without his knowledge or consent previously obtained may be ignored. A board member who dissents from a majority vote to admit also may take an appeal. In such a case the alien shall be allowed the same opportunity for representation as though the appeal were his, but his brief or argument must be submitted at the same time that the board member's appeal is forwarded to the Central Office. When an alien is certified for a physical defect other than tuberculosis in any form or a loathsome contagious or dangerous contagious disease, the board of special inquiry must decide on the basis of all the evidence (including the medical certificate) whether or not such certified defect may affect his ability to earn a living. **For statutory and source citations, see note to § 13.1. Page 71 An alien rejected on said ground is entitled to appeal.*t (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-A-1, C-1] *§§ 15.1 to 15.6, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections. The source of §§ 15.1 to 15.6 inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936. 15.2 When no appeal lies. No appeal lies where the decision of a board of special inquiry, based upon the certificate of the examining medical officer, as required by section 17 of the Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 153), rejects an alien because (a) he is afflicted with tuberculosis in any form or a loathsome contagious or dangerous contagious disease, or (b) he is an idiot or an imbecile or an epileptic or is insane or feeble-minded, or (c) he is afflicted with constitutional psychopathic inferiority or has any mental defect or is a chronic alcoholic. [15-D-1] 15.3 Time for filing appeal. Appeals must be filed promptly. The officer in charge may refuse to accept an appeal filed after the alien has been removed from an immigration station for deportation, provided the alien has had a reasonable opportunity to appeal before such removal. Any appeal filed more than 48 hours after the time of an excluding decision may be rejected by the officer in charge in his discretion.** [15-B-1] 15.4 Forwarding appeal record. The complete appeal record, including the immigration visa or permit to re-enter the United States, shall be forwarded promptly to the Secretary of Labor through the Commissioner of Immigration and Naturalization.** (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-E-1] 15.5 Cases reopened by Central Office or Department. When ever a case is referred back to a board by the Central Office or the Department in order that additional evidence may be taken, such case is thereupon 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 decision. The mere action of referring back 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.*t (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-F-1] 15.6 Cases reopened at request of local immigration officials. Either before or after receipt of a decision of the Department affirming an exclusion decision, local immigration officials may stay deportation and request permission to reopen the case upon learning of new evidence which in their opinion is of such relevancy and materiality as, in justice to the alien or the United States, requires consideration by the board. Such request should contain a brief statement of the general nature of the new evidence. In emergent cases, the request must be made by code telegram. Upon receipt of permission from the Central Office to reopen, the board again acquires full control of the case as under § 15.5.** (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-G-1] Page 72 *For statutory and source citations, see note to § 15.1. |