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there has been a violation punishable under any criminal provision of the immigration, nationality, or related laws administered or enforced by the Service, he shall cause an immediate investigation to be made of all he pertinent facts and circumstances. After the investigation is completed, the district director shall take or cause to be taken whatever action is required by the rest of this section.

(b) The district director shall close any case, in so far as prosecution is concerned, where investigation establishes to his satisfaction that:

(1) No violation has occurred;
(2) The statute of limitations has run;

(3) In the case of a violation of section 346 (a) (18) of the Nationality Act of 1940 (54 Stat. 1165; 8 U.S.C. 746), the alien falsely represented himself to be a citizen of the United States solely for the purpose of obtaining employment which he could or would have obtained even though he had fully disclosed his foreign nationality and alien status;

(4) In the case of a violation of section 346 (a) (29) of the Nationality Act of 1940 (54 Stat. 1166; 8 U.S.C. 746) the person who duplicated the document as described in that provision or caused it to be duplicated was ignorant of the provisions of said section 346 (a) (29) and did not use the duplicated document for any unlawful purpose;

(5) In the case of a violation of section 31 (a) or (b) of the Alien Registration Act, 1940 (54 Stat. 673; 8 U.S.C. 452), there was no refusal or willful failure to apply for registration and to be fingerprinted, and the alien complies with the provisions of said section 31 on demand. This shall include the case of any alien who did not apply for registration and to be fingerprinted under the provisions of said section 31 because he had a bona fide belief that he was a citizen of the United States, because he was confined to an institution and so was unable to apply for registration and to be fingerprinted, or because he was ignorant of the requirements of the said section 31; or

(6) In the case of a violation of section 35 of the Alien Registration Act, 1940 (54 Stat. 675; 8 U.S.C. 456), the alien failed to notify the Commissioner of Immigration and Naturalization of a change of address or new address because he was ignorant of the require

ment of said section 35 or that the failure to comply with the provisions of said section 35 was unintentional: Provided, That the alien voluntarily furnishes at the time of investigation full information as to his addresses which he failed to report as required by said section 35.

(c) The district director shall submit to the Central Office any case in which he finds that:

(1) He is in doubt as to whether the case is within one of the classes of cases which under the provisions of paragraph (b) of this section he shall close; or that he is in doubt as to whether the case is a proper one to submit direct to the United States Attorney under paragraph (d) of this section;

(2) The person under investigation or another person involved in the violation advances a claim to United States citizenship that is not frivolous, the alienage of such person or such other person is one of the facts that must be established to prove that a violation has occurred, and there is reasonable doubt as to whether such person or such other person is a citizen of the United States or an alien;

(3) The crime under investigation is such that conviction thereof would result in cancellation of the defendant's certificate of naturalization under section 338 (e) of the Nationality Act of 1940 (54 Stat. 1159; 8 U.S.C. 738); or

(4) He has reason to believe that the provisions of section 10 of the Immigration Act of 1917, as amended by section 27 of the Immigration Act of 1924 (39 Stat. 881, 43 Stat. 167; 8 U.S.C. 146), have been violated by any person or any owner, officer, or agent of a vessel or transportation line. In such a case the district director shall promptly serve notice upon such person, owner, officer, or agent that it is his intention to recommend to the Attorney General that a prosecution be brought; and such person, owner, officer, or agent shall be allowed 60 days within which to submit to the Department, through the district director or officer in charge and the Commissioner of Immigration and Naturalization, a statement of reasons why neither of the proceedings should be brought. When transmitting such statement of reasons to the Commissioner, the district director or officer in charge shall submit a full report of the case and his recommendation as to whether the proposed

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proceedings should be brought and if so whether in personam or in rem.

(d) The district director shall submit direct to the United States Attorney having jurisdiction, without reference to the Central Office, all cases which the district director is not required to close under the provisions of paragraph (b) of this section or to submit to the Central Office under the provisions of paragraph (c) of this section. The district director shall also submit direct to such United States Attorney any case which the district director is not authorized by this section to close and in which the statute of limitations is about to run or in which there is likelihood that the person believed to be guilty will flee.

(e) On receipt in the Central Office of a case submitted by a district director under the provisions of paragraph (c) (1), (2), or (3), the General Council shall either close the case or make a recommendation to be transmitted through the district director of the district where the case originated to the United States Attorney having jurisdiction or take whatever appropriate action may be necessary. On receipt in the Central Office of a case submitted by a district director under the provisions of paragraph (c) (4), the case shall be transmitted to the Board of Immigration Appeals for its action. [Order, Dec. 26, 1944, effective Jan. 9, 1945, 10 F.R. 445.

$ 60.29 Persons qualified as members of boards of special inquiry; oath. In accordance with the provisions of section 17 of the Immigration Act of 1917 (39 Stat. 887; 8 U. S. C. 153), the following persons are hereby designated as qualified and determined to be eligible to serve on boards of special inquiry:

(a) Immigrant inspectors, including persons designated immigrant inspectors by $ 60.27;

(b) All other employees of the Immigration and Naturalization Service whose supervisory officers assign to them the duty of acting as secretaries of such boards for the purpose of keeping the complete permanent record of the proceedings and of all such testimony as may be produced; and

(c) Persons, other than employees of the Immigration and Naturalization Service but preferably Government employees, who are selected by an Immi. gration and Naturalization Service offcial in charge of a port where no perma

nent board of special inquiry is maintained and to which it is impracticable to detail a board from some other station. Such persons shall, before serving on a board of special inquiry, subscribe to an oath of office on Form I-266 before an immigrant inspector. [Order, effective Feb. 3, 1945, 10 F.R. 1469]

$ 60.30 Authority to accept applications; remittance of fees-(a) Applications. Unless otherwise specifically provided in other sections of this chapter, the various applications prescribed in this chapter, including any required fees and prescribed supporting evidence, shall upon execution be submitted by the applicant by mail or in person or by agent to the appropriate Immigration and Naturalization Service field office. When furnishing application forms to prospective applicants, either directly or through the offices of clerks of courts having naturalization jurisdiction, officers of the Immigration and Naturalization Service shall place on such forms the address of the Immigration and Naturalization Service field office to which the completed application should be submitted. If an application form does not indicate the address to which it should be submitted after execution, the applicant may obtain such information from any immigration and naturalization office or he may submit the application to the nearest immigration and naturalization office.

(b) Remittance of fees-(1) Form. Any fees required to be submitted with, or on account of, any of the various applications prescribed in this chapter shall be in the amount provided by the applicable statute and regulation. All remittances shall be accepted subject to collection, and no receipt issued by an officer of the Immigration and Naturalization Service for any such remittance shall be binding if the instrument of remittance is found uncollectible. Such fees shall not be accepted in the form of currency, coins, or postage stamps.

(2) Payee. Such remittances should be drawn in favor of the “Commissioner of Immigration and Naturalization", except that in the cases of applicants residing in the Virgin Islands of the United States, the remittances should be drawn in favor of the “Commissioner of Finance of the Virgin Islands". The address of the payee shall not be included in that part of the form of remittance intended solely for the designation of the

payee. Where it is necessary to indicate on a form of remittance the place at which the remittance is collectible or payable, there shall be used the name of the city or town and the State in which is located the immigration and naturalization office to which the application is to be sent. [Order, approved, Dec. 22, 1945, effective Jan. 1, 1946, 10 F.R. 15367]

PART 90-DEPARTMENTAL ORGANI.

ZATION AND AUTHORITY Sec. 90.3 Board of Immigration Appeals; pow

ers. (Revised) 90.5 Board of Immigration Appeals; oral

argument. (Revised ] 90.6 Board of Immigration Appeals; oral

argument in exclusion and preex

amination cases. (Revoked) 90.7 Board of Immigration Appeals; oral

argument in fine cases. (Revoked ] 90.8 Board of Immigration Appeals; ad

vance application for exercise of sev

enth and ninth provisos. (Revoked] 90.12 Board of Immigration Appeals; refer

ence of cases to the Attorney Gen

eral. [Revised] AUTHORITY: $$ 90.3 to 90.12, appearing in this Supplement, with exce lon noted in text, issued under R.S. 161, 360, 39 Stat. 892, 43 Stat. 166, 50 Stat. 164, 53 Stat. 1425, 54 Stat. 675, 1150, 1238, 55 Stat. 736; 5 U.S.C. 22, 311, 8 U.S.C. and Sup., 102, 222, 457, 458, 727.

SOURCE: $$ 90.3 to 90.12, appearing in this Supplement, with exception noted in text, contained in Order, Commissioner, June 23, 1945, effective Aug. 1, 1945, 10 F.R. 8096.

$ 90.3 Board of Immigration Appeals; powers. (a) Subject to the provisions of $ 90.12, the Board of Immigration Appeals in behalf of the Attorney General shall have authority to consider and determine cases involving:

(1) Appeals from decisions of Boards of Special Inquiry in exclusion or preexamination proceedings, if the Commissioner has recommended affirmance of the excluding decision of the Board of Special Inquiry.

(2) Deportation proceedings, if the Commissioner has recommended deportation.

(3) Administrative fines and penalties against persons, steamship companies, or other carriers, for violations of the immigration laws, if the Commissioner has ordered the imposition of a fine and the party or parties fined appeal from the order of the Commissioner.

(4) Applications for admission under the 7th or 9th Provisos to section 3 of the Immigration Act of 1917, if a recommendation for denial has been made by the Commissioner.

(5) Requests for stay of execution of a warrant of deportation, if the Commissioner has denied such request.

(6) Applications filed in accordance with section 9 of the Immigration Act of 1924 for nonquota or preference quota status, if the Commissioner has denied such application.

(7) Revocation of nonquota or preference quota status previously granted to any alien.

(8) All cases whether in deportation, exclusion, or preexamination, or proceedings in which application is made for admission under the 7th or 9th Provisos, in which the Commissioner has entered an order granting relief less favorable than that requested by the subject of the proceeding.

(b) If the Board's decision in any of the foregoing proceedings is contrary to the decision or recommendation of the Commissioner, on the Commissioner's request the case shall be certified to the Attorney General by the Board of Immigration Appeals for final decision. The Commissioner may in any case arising in exclusion, deportation or administrative fine proceedings, which in his opinion presents a problem of difficulty or policy, submit such case to the Board of Immigration Appeals for decision and if review by the Attorney General in any such case is desired by the Commissioner, such case shall be submitted to the Board for consideration and certification to the Attorney General.

(c) The Board shall have jurisdiction to consider and decide any case or matter arising under the immigration and naturalization laws which the Attorney General specially refers to the Board.

(d) In connection with the authority granted to the Board under this section it shall be empowered to exercise such discretion and power conferred upon the Attorney General by law as is appropriate for the complete disposition of the proceeding, including but not limited to the power to cancel or terminate, and the power to grant permission to reapply for admission after arrest and deportation, or exclusion and deportation.

$ 90.5 Board of Immigration Appeals; oral argument. Oral argument shall be

PART 95-ENROLLMENT AND DIS. BARMENT OF ATTORNEYS AND REPRESENTATIVES

heard by the Board of Immigration Appeals, upon request, in any case or proceeding before it for decision and determination Requests for oral argument shall be directed to the Board of Immigration Appeals, Department of Justice, Washington, D. C., and shall specify the date on which the argument is desired. The Board shall have authority, upon its own motion or upon request, to fix any date or change the date upon which oral argument is to be heard.

$ 90.6 Board of Immigration Appeals; oral argument in exclusion and preexamination cases. [Revoked]

$ 90.7 Board of Immigration Appeals; oral argument in fine cases. (Revoked]

CODIFICATION: Prior to the revocation of § 90.7, the words "pursuant to Part 160 or $ 168.13 of this chapter" were deleted from the first sentence, and the words "pursuant to Part 160 or $ 60.25 (c) (4) of this chapter" were inserted in lieu thereof, by Order, Acting Commissioner, Dec. 26, 1944, effective Jan. 9, 1945, 10 F.R. 446.

$ 90.8 Board of Immigration Appeals; advance application for exercise of seventh and ninth provisos. [Revoked]

$ 90.12 Board of Immigration Appeals; reference of cases to the Attorney General. In any case in which a dissent has been recorded; in any case in which the Board shall certify that a question of difficulty is involved, or in any case in which the Attorney General so directs, the Board of Immigration Appeals shall refer the case to the Attorney General for review of the Board's decision. In any case in which the Attorney General shall reverse the decision of the Board, the Attorney General will state in writing his conclusions and the reasons for his decision.

Sec. 95.10 Admission of persons other than at

torneys and representatives. (Re

vised ] $ 95.10 Admission of persons other than attorneys and representatives. A person who has practiced before the Board or the Service for at least five years immediately prior to May 1, 1944, and who during such period pursued such practice as his principal occupation, may, if he applies before May 1, 1945, is otherwise qualified and satisfies the Board that he is well qualified by training and experience to represent his clients before the Board and the Service, be admitted, in the discretion of the Board, to practice under this part although he is not an attorney or representative. In any case under this section, the officer in charge, the district director, or the Commissioner may timely file objections to the admission of the applicant, which together with the reasons supporting such objections will be considered by the Board in reaching its decision. An application under this section shall be treated in the manner provided by $ 95.4 (c). The Board may conduct or cause to be conducted appropriate inquiry with respect to any application under this section. A person admitted under this section shall be subject to the provisions of this part regulating the practice of attorneys and representatives. (R.S. 161, sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166, sec. 37 (a), 54 Stat. 675; 5 U.S.C. 22, 8 U.S.C. 102, 222, 458. Sec. 1, Reorg. Plan No. V; 3 CFR Cum. Supp. $$ 90.1 and 90.2 of this chapter) [Order, Feb. 17, 1945, effective Feb. 24, 1945, 10 F.R. 2224]

Subchapter B-Immigration Regulations

PART 105_HEAD TAX Sec. 105.2 Collection of head tax after admission.

(Amended] $ 105.2 Collection of head tax after admission.

CODIFICATION: In $ 105.2, the next to the last sentence, commencing "He shall report such collections", was deleted, by Order, Commissioner, approved Oct. 16, 1945, effective Oct. 17, 1945, 10 F.R. 12956.

PART 107-MANIFESTS Sec. 107.2 Vessels touching at more than one

port. (Amended) 107.5 Manifest; prescribed form; prepara

tion. (Revised] 107.9 Form I-415; specifications. (Revised] 107.10 Form 1-416; specifications. (Revised |

SOURCE: $$ 107.2 to 107.10, appearing in this Supplement, contained in Order, Commissioner, June 11, 1945, effective Sept. 1, 1945, 10 F.R. 7843.

Government Printing Office or which transportation companies have on hand, is exhausted, such old forms may be used if the form numbers are changed to I-416. (Sec. 12, 39 Stat. 882; 8 U.S.C. 148)

§ 107.2 Vessels touching at more than one port.

CODIFICATION: In § 107.2, the reference to "Forms 1-400 and 1-430" was changed to read “Forms 1-415 and 1-416."

$ 107.5 Manifest; prescribed form; preparation. The lists or manifests with respect to arriving aliens shall be prepared on Form I-415; with respect to arriving United States citizens, on Form 1-416. Such forms shall meet the specifications prescribed in $ $ 107.9 and 107.10. All entries on Forms I-415 and 1-416 shall be printed in ink or typewritten and shall be in the English language. For alien passengers a separate Form I-415, or as many as are needed, shall be prepared for each of the four classes named in 107.1, except that where the number of alien passengers in all classes does not exceed thirty, all classes may be shown on one Form 1-415 with the names grouped according to class and the name of the class of the group noted; the same rule shall be applied to determine whether a separate Form (or Forms) I416 shall be prepared for each class of United States citizen passengers. (Secs. 12, 13, 39 Stat 882, 884, sec. 2 (e), 43 Stat. 154; 8 U.S.C. 148, 149, 202 (e))

$ 107.9 Form 1-415; specifications. Form I-415 shall be typewritten or printed in the English language on white commercial ledger paper, size 40 x 1812 inches, substance 50 pounds. All Forms 1-415 shall correspond in all respects to the Form 1-415 approved by the Commissioner of Immigration and Naturalization and printed by the Government Printing Office. Until any stock of old Forms I-400, I-401, 1-402, and I-403, which is available at the Government Printing Office or which transportation companies have on hand, is exhausted, such old forms may be used if the text and form number are altered so that they will correspond to Form 1-415. (Secs. 12, 13, 39 Stat. 882, 884, sec. 2 (e), 43 Stat 154; 8 U.S.C. 148, 149, 202 (e))

$ 107.10 Form 1-416; specifications. Form 1-416 shall be typewritten printed in the English language on white commercial ledger paper, size 36 by 18/2 inches, substance 50 pounds, in sheets 18 by 1842 inches. All Form I-416 shall correspond in all respects to the Form I-416 approved by the Commissioner of Immigration and Naturalization and printed by the Government Printing Office. Until any stock of old Forms I-430, I-431, I-432, and I-433, which is available at the

PART 110—-PRIMARY INSPECTION

AND DETENTION Sec. 110.1 Ports of entry for aliens. (Amended] 110.3 Designated ports of entry by aircraft.

(Amended) 110.11 Reporting condition of vessels.

[Added] 110.38 Lawful admission; when presumed.

(Amended]
$ 110.1 Ports of entry for aliens.

CODIFICATION: $ 110.1 was amended in the following respects during the period covered by this Supplement:

1. "Great Falls, Mont." was inserted between "Del Bonita, Mont.” and “Havre, Mont." in the list of ports of entry for aliens in District No. 10, and "Fairbanks, Alaska" was added at the top of the list for ports of entry for aliens in District No. 12, by Order, Acting Commissioner, effective Jan. 4, 1945, 10 F.R. 184.

2. "Bridgewater, Maine" was added at the beginning of the list of ports of catry for aliens in District No. 1, and “Lake Charles, La.” was inserted between “Savannah, Ga." and “New Orleans, La." in the list of ports of entry for aliens in District No. 6, by Order, Commissioner, approved Oct. 16, 1945, effective Oct. 17, 1945, 10 F.R. 12956.

$ 110.3 Designated ports of entry by aircraft.

CODIFICATION: $ 110.3 (b) was amended in the following respects during the period covered by this Supplement:

1. "Malone, N. Y., Malone Airport” was deleted from the list of temporary ports of entry, and “Malone, N. Y., Malone-Dufort Airport" was substituted therefor, by Order, Acting Commissioner, Oct. 15, 1945, effective Oct. 17, 1945, 10 F.R. 12956.

2. "Bellingham, Wash., Graham Airport" was deleted from the list of temporary ports of entry, by Order, Commissioner of Immi. gration and Naturalization, approved Oct. 16, 1945, effective Oct. 17, 1945, 10 F.R. 12956.

3. "Miami, Fla., Chalk's Flying Service Airport" was deleted from the list of temporary ports of entry, and "Miami, Fla., Chalk's Flying Service Seaplane Base" was substituted therefor, by Order, Commissioner, effective Oct. 19, 1945, 10 F.R. 13102.

$ 110.11 Reporting condition of vessels. Pursuant to the provisions of the second proviso to section 11 of the Immigration Act of 1917 (39 Stat. 881; 8 U. S. C. 147), in the case of any vessel which is arriving at a United States port

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