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deport shall, unless a hearing is waived in writing, be brought before such oficer of the Immigration Service as the Chief, Immigration Service, designates, and given a hearing to show cause why he should not be deported. This paragraph and other provisions governing hearings and related procedures do not apply to cases of deportation following service of a sentence of imprisonment in the Canal Zone. Such cases are governed by $ 59.62.

(b) A detained person whom it is proposed to exclude is entitled to a hearing before a designated officer of the Immigration Service to show cause why he should not be excluded if:

(1) He is a person who is legally present in the Republic of Panama; or

(2) He is a person who has been given temporary-entry authorization into the Canal Zone and the period for which such entry was authorized has not yet expired.

(c) A detained person who has been entered provisionally, and all other persons found in the Canal Zone not expressly given the right to a hearing under the provisions of paragraph (b) of this section, including persons whose temporary-entry authorization has expired, are not entitled to a hearing and may be excluded on order of the Chief, Immigration Service. § 59.54 Procedure at hearing.

(a) At a hearing under $ 59.53 the person detained under the order of detention shall be allowed to inspect the detention order, a copy of which was served upon him at the time he was taken into custody, and he shall be asked to state whether he desires counsel or waives his right to counsel. His reply shall be entered on the record.

(b) Counsel, if selected, shall be afforded reasonable time to consult with the detained person unless counsel has already done so prior to the time of the hearing or advises that no such time is desired. The person detained or counsel on his behalf may present any evidence relevant and material to a showing of cause why he should not be deported or excluded.

(c) If during the hearing it appears that there exists a reason in addition to those stated in the order of detention why the person named in the order should be deported or excluded, he shall be notified that such additional charge will be placed against him and he shall

be given an opportunity to show cause why he should not be deported or excluded therefor.

(d) The hearing may be continued from time to time as may appear necessary or desirable in the discretion of the officer conducting the hearing. $ 59.55 Witnesses at hearing; oaths;

documents. (a) The officer conducting a hearing under $ 59.53 is authorized by 2 C.Z.C. 1101, 76A Stat. 38, to:

(1) Summon witnesses to testify;
(2) Administer oaths; and

(3) Require the production of any books or papers necessary to the investigation,

(b) The officer conducting the hearing shall require the attendance of any witnesses whose names are furnished in writing in advance of the hearing by the person concerned unless it appears that the evidence to be given by such witnesses would be unnecessarily cumulative or clearly irrelevant. In order to make such a determination the officer conducting the hearing may require a written summary of the evidence which it is expected will be obtained from the witness.

(c) An employee of the Canal Zone Government or of the Panama Canal Company who is summoned to appear at an exclusion or deportation hearing shall be excused from duty for the purpose of complying with the summons as oficial business, and the time during which he is absent from regular duty on such official business shall not be charged to his leave. § 59.56 Report and recommendation in

exclusion hearings or proceedings. The Immigration Officer conducting an exclusion hearing shall prepare and submit to the Chief, Immigration Seryice, a written report containing a summary of the facts deemed established at the hearing, and his opinion and recommendation as to whether the person concerned comes within a class of persons subject to exclusion and as to whether such person should be excluded from the Canal Zone. In exclusion proceedings in which no hearing is required under this part, the Immigration Officer handling the case shall prepare and submit a summary report of the facts, with his recommendation, to the Chief, Immigration Service.

$ 59.57 Final action excluding person. accompanying it, the Governor concludes When, after receiving the report and

that the person concerned is subject to recommendation as provided by $ 59.56

deportation and should be deported, the

Governor shall issue an order for the the Chief, Immigration Service, finds that the person concerned comes within

deportation of such person directed to

the Chief, Police Division. a class of persons subject to exclusion from the Canal Zone and should be § 59.61 Execution of order of deportaexcluded therefrom, such officer shall

tion. forthwith order and cause such person

The Chief, Immigration Service, shall to be excluded from the Canal Zone.

cause the order of deportation to be If such person is under detention, the

executed at the earliest practicable opdetention may be continued until the

portunity. A copy of the order shall be exclusion is accomplished, and if he is

delivered to the person concerned and not under detention he may be detained

if necessary the order shall be read and by the Police Division on the written

explained to him. The person concerned order of the Chief, Immigration Service.

shall be placed on board a carrier bound At the time the order for exclusion is

for the place designated in the order accomplished, or at any time prior

and a copy of the order shall be dethereto, a copy of the order excluding the

livered to the person in responsible excluded person shall be served upon

charge of the carrier. If the deportation him together with a copy of the text of

is one following service of a sentence of $$ 59.111 through 59.114, which provide

imprisonment in the Canal Zone, there for passage through the Canal Zone by

shall be delivered to the person conpersons excluded therefrom who are

cerned, in addition to the copy of the legally in the Republic of Panama.

order of deportation, a copy of the text § 59.58 Arrangements for removal of of 2 C.Z.C. 842, 76A Stat. 32, providing excluded person.

for the punishment of persons who re

turn to the Canal Zone after deportation Arrangements for the removal of a

following the service of a sentence of person excluded from the Canal Zone

imprisonment in the Canal Zone, and, shall be made by the Immigration Service. Wherever possible such arrange

if deportation is to the Rupublic of

Panama, a copy of the text of 88 59.111 ments shall be made with the owner of

through 59.114, providing for passage or interest controlling the carrier by

through the Canal Zone by persons dewhich such excluded person was brought to the Canal Zone or with such other per

ported therefrom who are legally in the

Republic of Panama. son, e.g. an employer, responsible for bringing the excluded person to the $ 59.62 Deportation following imprisonCanal Zone,

ment in the Canal Zone. $ 59.59 Report and recommendation in

(a) The procedure governing depordeportation hearing.

tation of a person following service of a At the conclusion of a deportation

sentence of imprisonment in the Canal

Zone shall be as provided in this section. hearing, the officer conducting the hear

(b) Except in cases where a prisoner ing shall submit a report thereof, in

has been granted parole by order of the cluding relevant findings and a transcript

Governor, the Chief, Police Division, of the testimony, to the Chief, Immigra shall consider the case of each person tion Service. The Chief, Immigration serving a sentence of imprisonment in Service, shall prepare a recommendation the Canal Zone Penitentiary, upon the as to whether the person concerned

issue whether such person should or should or should not be deported, and

should not be deported upon the comshall thereupon forward the record of pletion of his sentence. When, after the case, including his recommendation,

such consideration, it appears to the to the Civil Affairs Director, who shall

Chief, Police Division, that a person add his own recommendation thereto

should be deported, the Chief, Police and submit such record to the Governor

Division, shall report the case to the

Civil Affairs Director with his recomfor determination.

mendation for deportation. The Civil $ 59.60 Order of deportation.

Affairs Director shall add his recomIf, upon consideration of the report of mendation to the report and submit it the hearing and the recommendations to the Governor. If the Governor finds,

either upon the basis of the aforesaid furnished a memorandum in triplicate report and recommendations or other showing the name, age, nationality, and wise, that a person undergoing service of rating of the crew members proposed to a sentence of imprisonment in the Canal be discharged. Zone Penitentiary should be deported

$ 59.84 Signing on of crew members. upon the completion of his sentence, the Governor shall issue an order for the de When crew members are signed on a portation of such person, directed to the vessel, other than crew members signed Chief, Police Division. The order shall be on a vessel of United States registry or executed in the manner provided by enrollment by a shipping commissioner $ 59.61.

in the Canal Zone, a memorandum in (c) Cases of persons serving a sen

triplicate showing the name, age, natence of imprisonment in the Canal Zone tionality, and rating of the crew memunder sentence other than to the peni bers signed on shall be furnished to the tentiary may be reviewed and decided Chief Immigration Inspector at the port under the procedures set forth in para

concerned. graph (b) of this section.

§ 59.85

Members of crew failing to deSubpart D-Responsibilities of

part from Canal Zone. Vessels

Crew members granted provisional

entry shall depart from the Canal Zone § 59.81 Precautions required of vessels

with their vessels unless they have been respecting the landing of excluded

legally and regularly separated from persons.

their vessels pursuant to $ 59.83. MasThe owner, agent, and officers of a ters, agents, or owners shall report vessel bringing to the Canal Zone a per promptly any crew member refusing to son who has been excluded or deported sail with the ship to the Chief Immigrafrom the Canal Zone shall adopt all tion Inspector at the port concerned. In reasonable precautions to prevent the such cases the Immigration Inspector landing of such person at any time or shall investigate and upon verification of place, other than as expressly permitted the facts may issue a detention order to and designated by the Immigration the District Commander, Canal Zone Service.

Police, for the apprehension, detention

and enforced exclusion of the seaman § 59.82 Duty of arriving vessels to declare passengers,

members,

from the Canal Zone aboard his vessel, or stowaways, deportees, and repatriates.

take such other action as may be appro

priate in the circumstances, consistently (a) Vessels arriving at Canal Zone

with law and this part. In cases where a ports shall declare on forms prescribed

vessel has left port before the absence of by the Chief, Immigration Service, all:

a crew member is discovered, the Master (1) Passengers to be discharged at the

shall report by radio, if possible, or, if Canal Zone;

report by radio is not possible, he shall (2) Passengers remaining on board

report by mail from the first port of call. for other ports with specific mention be A detention order shall thereafter be ising made of any person who is being sued by the Chief Immigration Inspector deported from or repatriated to any at the Canal Zone port concerned for the country;

apprehension, detention and exclusion of (3) Crew members on board; and

the crew member. The making of the (4) Stowaways known to be on board. report required by this section shall not

(b) The provisions of paragraph (a) relieve the Master of a vessel of United (2) and (3) of this section do not apply States registry or enrollment from the to public vessels.

duty to make the report required by § 59.83 Discharge of members of crews.

$ 127.7 of this chapter. Crew members, of vessels ot than § 59.86 Outgoing passenger list; failure vessels of United States registry or en

of passenger to depart. rollment signed on before a shipping Three accurate and legible copies of commissioner, may be discharged in the the outgoing passenger list shall be furCanal Zone only with the consent of the nished to the Chief, Immigration Service, Immigration Service. Before such con on forms prescribed by the Canal Zone sent may be given, the Chief Immigration Government, before clearance will be Inspector at the port concerned shall be issued. Three copies of a supplementary

crew

passenger list shall be furnished for pas with access to or egress from the Colon sengers embarking at a second Canal Railroad Station (in Cristobal) via 11th Zone port after a vessel has sailed from Street and Front Street and access to or another Canal Zone port. Notice of any egress from the Panama Railroad Stapassengers who have been reported as tion (in Ancon) via Frangipani Street, departing but who fail to depart on the Gaillard Highway and Roosevelt Avenue. vessel shall be given promptly to the (b) Between ports of the Republic of Chief, Immigration Service, and three Panama: By vessel transiting the copies of a list of such passengers shall Panama Canal. be furnished. If the failure of a passen (c) Between the city of Panama and ger to depart on the vessel is not dis west interior points in the Republic of covered until the vessel has left port, the Panama: By vehicle via Thatcher Ferry required notice shall be given by radio if Bridge approach roads, Thatcher Ferry possible, and if radio notice is not pos Bridge and Thatcher Highway, to the sible, the notice shall be given by mail boundary line at Arraijan. (airmail if possible) from the first port (d) Between interior points in the of call.

Republic of Panama bordering on the

Madden Road and the Madden Lake § 59.87 Duty of vessel owners respecting return of excluded persons.

area: Via Madden Road.

(e) Between interior points in the ReThe owner or interest operating or

public of Panama bordening on the Madcontrolling a vessel bringing into the

den Road/Madden Lake area and the Canal Zone a person subject to exclusion

cities of Panama and Colon: By vehicle under $ 59.1 shall return the person to

via Madden Road to an intersection with his port of embarkation, or make other

Boyd-Roosevelt Highway. arrangements satisfactory to the Immi

(f) Between west interior points in the gration Service for his transportation Republic of Panama and city of Colon from the Canal Zone, and if directed by

or intermediate points in the Republic the Chief, Immigration Service, to do so,

of Panama: By vehicle via Thatcher shall return a certificate to the Canal

Highway, Thatcher Ferry Bridge and Zone immigration authorities from the

Thatcher Ferry Bridge egress roads to proper officials of the port of embarka

the city of Panama. tion stating that the excluded person has

(g) Between any points in Panama been landed at such port or other desig

involving use of the Colon Corridor: nated place.

Over Randolph Road at its intersection $ 59.88 Duty of vessel masters to re

with Colon Corridor. ceive excluded persons.

$ 59.112 General permit for passage of When a vessel has brought to the Canal deported persons between the ReZone a person subject to exclusion under public of Panama and the Panama § 59.1, the master of any vessel owned or Freight House in Ancon, Pier 18, controlled by the same interest shall re

Balboa, and the Cristobal Freight ceive such person on board at such time

House, prior to the date of the sailing of his A person legally present in the Repubvessel as may be decided upon by the lic of Panama who has been excluded or Canal Zone authorities.

deported from the Canal Zone may, for

the purpose of conducting business at Subpart E-Passage Through the

Panama Customs sites established in the Canal Zone by Excluded or De Canal Zone, pass through the Canal Zone ported Persons Who Are Legally by motor vehicle en route to or from said Present in the Republic of Panama

sites over the following highways:

(a) Between the city of Colon and the $ 59.111 General routes.

Cristobal Freight House: Terminal Street A person legally present in the Re from the Canal Zone boundary at Bolivar public of Panama who has been excluded and 13th Streets to Roosevelt Avenue, or deported from the Canal Zone may Roosevelt Avenue from Terminal Street pass through the Canal zone only over to Freight House Building No. 1012. the following routes, and only by the (b) Between the city of Panama and means or modes of travel indicated, Pier 18, Balboa: Frangipani Street from where specified:

the Canal Zone boundary to Galliard (a) Between the cities of Panama and Highway, Galliard Highway from the Colon: By train of the Panama Railroad Canal Zone boundary to Corozo Street,

Corozo Street, Roosevelt Avenue, Diablo Road from Roosevelt Avenue to Pier Street, Pier Street from Diablo Road to Pier 18 including all public ways and roads open to vehicular traffic adjacent or on Pier 18; or Shaler Road from the Canal Zone boundary to Roosevelt Avenue to Diablo Road to Pier Street to Pier 18; or Balboa Road from the Canal Zone boundary at the Chorillo section of the city of Panama to La Boca Road to Roosevelt Avenue to Diablo Road to Pier Street to Pier 18.

(c) Between the city of Panama and the Panama Freight House in Ancon: Frangipani Street from the Canal Zone boundary to Gaillard Highway, Gaillard Highway from the Canal Zone boundary to Corral Road, Corral Road from Gaillard Highway to the Panama Freight House including all public ways or roads open to vehicular traffic located within the fenced area of the Panama Freight House. § 59.113 Passage by excluded or de

ported persons must be continuous. The passage through the Canal Zone of an excluded or deported person must be continuous, and such person shall not leave the train, vehicle, or vessel in or upon which he is traveling unless it is necessary to do so in case of accident or other emergency; and in that event the person shall resume travel as soon as possible. $ 59.114 Special permits for entry or

passage of deported persons. A person legally present in the Republic of Panama who has been excluded or deported from the Canal Zone, and who desires to enter or pass through the Canal Zone otherwise than as provided in $$ 59.111 through 59.113, shall do so only after obtaining a special written permit from the Civil Affairs Director. Such permits may be issued only in cases deemed necessary or meritorious, and applications therefor shall be made in writing to the Chief, Immigration Service. Subpart F-Miscellaneous

Provisions § 59.131 Cost of excluding or deporting

persons. (a) The cost of excluding or deporting persons under the provisions of this part shall be a charge against the person or

interest responsible for bringing the person into the Canal Zone. Such cost shall include expenses incident to detention, maintenance, transportation, and transportation of baggage, as well as the actual cost of deportation. Clearance may be withheld from any responsible vessel until such costs have been paid, or their payment has been secured.

(b) In cases in which no person or interest can be held responsible for the cost hereunder, such cost will be paid from Canal Zone Government funds.

(c) Statements of the cost of excluding or deporting persons shall be prepared and presented by the Comptroller, Panama Canal Company, to the person or interest chargeable with such costs. § 59.132 Place of detention.

Persons held for exclusion or deportation may be detained at an immigration station, police station, or other suitable place as designated by the Chief, Immigration Service. § 59.133 Release from detention.

A person held under an order of detention issued either in exclusion preceedings or in deportation proceedings may be released on his own recognizance, pending final disposition of the matter, in the discretion of the Chief, Immigration Service. § 59.134 Passage through Canal Zone

by excluded or deported persons. A person excluded or deported, other than such a person legally present in the Republic of Panama, who desires. to pass through the Canal Zone in order to reach his final destination, shall do so only after obtaining a special written permit from the Chief, Immigration Service. In such a case in which the person transits the Canal by vessel, the permit may be granted only if the person or interest controlling the vessel upon which he arrived at the Canal Zone agrees in writing to bear the expenses of his deportation from the Canal Zone if he is rejected at his final destination and returned to the Canal Zone. $ 59.135 Punishment for violations.

Whoever violates the provisions of this part shall be punished as provided by 2 C.Z.C. 841(b), 76A Stat. 32, by a fine of not more than $500, or by imprisonment in jail for not more than one year, or by both.

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