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cer, unless no other qualified officer is readily available and the taking of the alien before another officer would entail unnecessary delay, in which event the arresting officer, if the conduct of such examination is a part of the duties assigned to him, may examine the alien. If such examining officer is satisfied that there is prima facie evidence establishing that the arrested alien was entering or attempting to enter the United States in violation of the immigration laws, he shall refer the case to a special inquiry officer for further inquiry in accordance with Parts 235 and 236 of this chapter or take whatever other action may be appropriate or required under the laws or other regulations applicable to the particular case. If the examining officer is satisfied that there is prima facie evidence establishing that the arrested alien is in the United States in violation of the immigration laws, further action in the case shall be taken as provided in Part 242 of this chapter. An alien arrested without warrant of arrest shall be advised of the reason for his arrest and his right to be represented by council of his own choice, at no expense to the Government. He shall also be advised that any statement he makes may be used against him in a subsequent proceeding and that a decision will be made within 24 hours or less as to whether he will be continued in custody or released on bond or recognizance. Unless voluntary departure has been granted pursuant to § 242.5 of this chapter, the alien's case shall be presented promptly, and in any event within 24 hours, to the district director, deputy district director, or acting district director for a determination as to whether there is prima facie evidence that the arrested alien is in the United States in violation of law and for issuance of an order to show cause and warrant of arrest prescribed in Part 242 of this chapter.
[22 FR 9808, Dec. 6, 1957, as amended at 32 FR 6260, Apr. 21, 1967]
§ 287.4 Subpoena.
(a) Who may issue—(1) Prior to commencement of proceedings. Except as provided in § 335.11 of this chapter, subpoena requiring the attendance of
witnesses or the production of documentary evidence, or both, may be issued by a district director upon his own volition prior to the commencement of a proceeding.
(2) Subsequent to commencement of proceedings. In any proceeding under this chapter, other than under Part 335 of this chapter, and in any proceeding ancillary thereto, a district director or a special inquiry officer having jurisdiction over the matter may, upon his own volition or upon application of a trial attorney, the alien, or other party affected, issue subpoenas requiring the attendance of witnesses or for the production of books, papers and other documentary evidence, or both. A party applying for a subpoena shall be required, as a condition precedent to its issuance, to state in writing or at the proceeding what he expects to prove by such witnesses or documentary evidence, and to show affirmatively that he made diligent effort, without success to produce the same. Upon being satisfied that a witness will not appear and testify or produce documentary evidence and that his evidence is essential, the district director or special inquiry officer shall issue a subpoena. If the witness is at a distance of more than 100 miles from the place of hearing, the subpoena shall provide for the witness' appearance at the field office nearest to him to respond to oral or written interrogatories, unless the Service indicates that there is no objection to bringing the witness the distance required to enable him to testify in person in the proceeding.
(b) Form. Every subpoena issued under the provisions of this section shall state the title of the proceeding and shall command the person to whom it is directed to attend and give testimony at a time and place therein specified. A subpoena may also command the person to whom it is directed to produce the books, papers or documents designated therein. A subpoena may also direct the making of a deposition before an officer of the Service. Subpoenas shall be issued on Form I-138.
(c) Service. A subpoena issued under this section may be served by any person over 18 years of age not a party
to the case designated to make such service by the district director having administrative jurisdiction over the office in which the subpoena is issued. Service of the subpoena shall be made by delivering a copy thereof to the person named therein and by tendering to him the fee for one day's attendance and the mileage allowed by law by the United States District Court for the district in which the testimony is to be taken. When the subpoena is issued on behalf of the Service, fee and mileage need not be tendered at the time of service. A record of such service shall be made and attached to the original copy of the subpoena.
(d) Invoking aid of court. If a witness neglects or refuses to appear and testify as directed by the subpoena served upon him in accordance with the provisions of this section, the district director issuing the subpoena shall request the United States Attorney for the proper district to report such neglect or refusal to the appropriate United States District Court and to request such court to issue an order requiring the witness to appear and testify and to produce the books, papers or documents designated in the subpoena. If the subpoena was issued by a special inquiry officer, he shall request the district director having administrative jurisdiction over him to take the action referred to in the previous sentence in the event the witness neglects or refuses to appear and testify as directed by the subpoena served upon him.
[22 FR 9809, Dec. 6, 1957, as amended at 28 FR 4251, Apr. 30, 1963; 29 FR 13244, Sept. 24, 1964]
publication thereof or by a copy attested by the official having legal custody of the record by his deputy. If the office in which the record is kept is in foreign territory, the copy shall be attested by a person authorized to make the attestation and the attested copy shall be accompanied by a certification by any officer in the Foreign Service of the United States stationed in the foreign country where the record is kept as to the genuineness of the signature and official position of the attesting officer or any foreign official whose certification of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation.
[30 FR 12248, Sept. 24, 1965, as amended at 32 FR 16200, Nov. 28, 1967]
The term "American Indian born in Canada" as used in section 289 of the Act includes only persons possessing 50 per centum or more of the blood of the American Indian race. It does not include a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possesses at least 50 per centum or more of such blood.
§ 289.2 Lawful admission for permanent residence.
Any American Indian born in Canada who at the time of entry was entitled to the exemption provided for such person by the Act of April 2, 1928 (45 Stat. 401), or section 289 of the Act, and has maintained residence in
the United States since his entry, shall be regarded as having been lawfully admitted for permanent residence. A person who does not possess 50 per centum of the blood of the American Indian race, but who entered the United States prior to December 24, 1952, under the exemption provided by the Act of April 2, 1928, and has maintained his residence in the United States since such entry shall also be regarded as having been lawfully admitted for permanent residence. In the absence of a Service record of arrival in the United States, the record of registration under the Alien Registration Act, of 1940 (54 Stat. 670; 8 U.S.C. 451), or section 262 of the Act, or other satisfactory evidence may be accepted to establish the date of entry.
§ 289.3 Recording the entry of certain American Indians born in Canada. The lawful admission for permanent residence of an American Indian born in Canada shall be recorded on Form I-181.
[33 FR 7485, May 21, 1968]
PART 292-REPRESENTATION AND APPEARANCES
292.1 Representation of others. 292.2 Organizations qualified for recognition; requests for recognition; withdrawal of recognition; accreditation of representatives; roster.
292.3 Suspension or disbarment. 292.4 Appearances.
292.5 Service upon and action by attorney or representative of record.
AUTHORITY: Secs. 103, 292, 66 Stat. 173, 235; 8 U.S.C. 1103, 1362.
§ 292.1 Representation of others.
(a) A person entitled to representation may be represented by any of the following:
(1) Attorneys in the United States. Any attorney as defined in § 1.1(f) of this chapter.
(2) Law students and law graduates not yet admitted to the bar. A law student who is enrolled in the final year of an accredited law school or a law school graduate who is not yet admitted to the bar, provided that:
(i) He is appearing on an individual case basis at the request of the person entitled to representation;
(ii) In the case of a law student, he has filed a statement that he is participating, under the direct supervision of a faculty member or an attorney, in a legal aid program or clinic conducted by the law school, and that he is appearing without direct or indirect remuneration; and
(iii) His appearance is permitted by the official before whom he wishes to appear (namely a special inquiry officer, district director, officer-in-charge, regional commissioner, the Commissioner, or the Board), which official, if in his opinion special circumstances warrant it, may require that a law student be accompanied by the supervising faculty member or attorney.
(3) Reputable individuals. Any reputable individual of good moral character, provided that:
(i) He is appearing on an individual case basis, at the request of the person entitled to representation;
(ii) He is appearing without direct or indirect renumeration and files a written declaration to that effect;
(iii) He has a pre-existing relationship or connection with the person entitled to representation (e.g., as a relative, neighbor, clergyman, business associate or personal friend), provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and
(iv) His appearance is permitted by the official before whom he wished to appear (namely, a special inquiry officer, district director, officer-in-charge, regional commissioner, the Commissioner, or the Board), provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and naturalization practice or preparation, or holds himself out to the public as qualified to do so.
(4) Accredited representatives. A person representing an organization described in § 292.2 of this chapter who has been accredited by the Board.
(5) Accredited officials. An accredited official, in the United States, of the government to which an alien owes al
legiance, if the official appears solely in his official capacity and with the alien's consent.
(6) Attorneys States. An attorney other than one described in § 1.1(f) of this chapter, who does not maintain an office in the United States, who resides outside the United States and is licensed to practice law and in good standing in a court of general jurisdiction of the country in which he resides, and who is engaged in such practice.
outside the United
(b) Persons formerly authorized to practice. A person, other than a representative of an organization described in § 292.2 of this chapter, who on December 23, 1952, was authorized to practice before the Board and the Service may continue to act as a representative, subject to the provisions of § 292.3 of this chapter.
(c) Former employees. No person previously employed by the Department of Justice shall be permitted to act as a representative in any case in violation of the provisions of 28 CFR 45.735-7.
(d) Amicus curiae. The Board may grant permission to appear, on a caseby-case basis, as amicus curiae, to an attorney or to an organization represented by an attorney, if the public interest will be served thereby.
(e) Except as set forth in this section, no other person or persons shall represent others in any case.
[40 FR 23271, May 29. 1975]
§ 292.2 Organizations qualified for recognition; requests for recognition; withdrawal of recognition; accreditation of representatives; roster.
(a) Qualifications of organizations. A non-profit religious, charitable, social service, or similar organization established in the United States and recognized as such by the Board may designate a representative or representatives to practice before the Service and the Board. Such organization must establish to the satisfaction of the Board that:
(1) It makes only nominal charges and assesses no excessive membership dues for persons given assistance; and (2) It has at its disposal adequate knowledge, information and experi
(b) Requests for recognition. An organization having the qualifications prescribed in paragraph (a) of this section may file a request for recognition on Form G-27 with a district director, regional commissioner or the Commissioner for transmittal to the Board. The Service shall forward the request, along with recommendations for approval or disapproval and reasons therefor. The organization and the Service shall be informed of the action taken by the Board.
(c) Withdrawal of recognition. The Board may withdraw the recognition of any organization which has failed to maintain the qualifications required by § 292.2(a). Withdrawal of recognition may be accomplished in accordance with the following procedure:
(1) The Service, by the district director within whose jurisdiction the organization is located, may conduct an investigation into any organization it believes no longer meets the standards for recognition.
(2) If the investigation establishes to the satisfaction of the district director that withdrawal proceedings should be instituted, he shall cause a written statement of the grounds upon which withdrawal is sought to be served upon the organization, with notice to show cause why its recognition should not be withdrawn. The notice will call upon the organization to appear before a special inquiry officer for a hearing at a time and place stated, not less than 30 days after service of the notice.
(3) The special inquiry officer shall hold a hearing, receive evidence, make findings of fact, state his recommendations, and forward the complete record to the Board.
(4) The organization and the Service shall have the opportunity of appearing at oral argument before the Board at a time specified by the Board.
(5) The Board shall consider the entire record and render its decision. The order of the Board shall constitute the final disposition of the proceedings.
(d) Accreditation of representatives. An organization recognized by the Board under paragraph (b) of this section may apply for accreditation of persons of good moral character as its
accredited representatives. An application for accreditation shall state the nature and extent of the proposed representative's experience and knowledge of immigration and naturalization law and procedure. An application may be filed with a district director, regional commissioner or the Commissioner for transmittal to the Board. The Service shall forward the application along with recommendations for approval or disapproval and reasons therefor. No individual may submit an application on his own behalf under this paragraph. The Board shall provide the organization with a copy of any adverse recommendation by the Service, with opportunity for rebuttal. The organization and the Service shall be advised of the action taken by the Board. The accreditation of a representative shall be valid for three years only. Renewal may be sought by making application in the same manner as for an initial accreditation. Accreditation terminates when the Board's recognition of the organization ceases for any reason or when the representative's employment or other connection with the organization ceases. The organization shall promptly notify the Board of such changes. Renewal applications shall be due for those who are accredited on May 29, 1975 as follows: For those accredited prior to January 1, 1974, no later than May 29, 1976, and for those accredited on or after January 1, 1974, no later than May 29, 1977. The application should be filed at least 30 days before the anniversary of the Board's notification to the organization that the individual had been accredited.
(e) Roster. The Board shall maintain an alphabetical roster of recognized organizations and their accredited representatives. A copy of the roster shall be furnished to the Commissioner and he shall be advised from time to time of changes therein.
[40 FR 23272, May 29, 1975]
§ 292.3 Suspension or disbarment.
(a) Grounds. The Board, with the approval of the Attorney General, may suspend or bar from further practice an attorney or representative if it shall find that it is in the public interest to do so. The suspension or disbar
ment of an attorney or representative who is within one or more of the following categories shall be deemed to be in the public interest, for the purpose of this part, but the enumeration of the following categories does not establish the exclusive grounds for suspension or disbarment in the public interest:
(1) Who charges or receives, either directly or indirectly, any fee or compensation for services which may be deemed to be grossly excessive in relation to the services performed, or who, being an accredited representative of an organization recognized recognized under § 1.1(j) of this chapter, charges or receives either directly or indirectly any fee or compensation for services rendered to any person, except that an accredited representative of such an organization may be regularly compensated by the organization of which he is an accredited representative;
(2) Who, with intent to defraud or deceive, bribes, attempts to bribe, coerces, or attempts to coerce, by any means whatsoever, any person, including a party to a case, or an officer or employee of the Service or Board, to commit an act or to refrain from performing an act in connection with any case;
(3) Who willfully misleads, misinforms, or deceives an officer or employee of the Department of Justice concerning any material and relevant fact in connection with a case;
(4) Who willfully deceives, misleads, or threatens any party to a case concerning any matter relating to the case;
(5) Who solicits practice in any unethical or unprofessional manner, including, but not limited to, the use of runners, or advertising his availability to handle immigration, naturalization, or nationality matters;
(6) Who represents, as an associate, any person who, known to him, solicits practice in any unethical or unprofessional manner, including, but not limited to, the use of runners, or advertising his availability to handle immigration, naturalization, or nationality matters;
(7) Who has been temporarily suspended, and such suspension is still in effect, or permanently disbarred, from