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of the Act that the inquiry shall be kept separate and apart from the public. When the hearing is to be open, depending upon physical facilities, reasonable limitation may be placed upon the number in attendance at any one time, with priority being given to the press over the general public. The special inquiry officer shall ascertain whether the applicant for admission is the person to whom Form I-122 was previously delivered by the examining immigration officer as provided in Part 235 of this chapter; enter a copy of such form in evidence as an exhibit in the case; inform the applicant of the nature and purpose of the hearing; advise him of the privilege of being represented by an attorney or other representative qualified under Part 292 of this chapter, and request him to state then and there whether he desires representation; advise him that he will have a reasonable opportunity to present evidence in his own behalf, to examine and object to evidence against him, and to cross-examine witnesses presented by the Government; and place the applicant under oath.

(b) Procedure. The special inquiry officer shall receive and adduce material and relevant evidence, rule upon objections, and otherwise regulate the course of the hearing.

(c) Trial attorney. The district director shall assign a trial attorney to every case in which the appellant's nationality is in issue or in which the special inquiry officer requests such assignment. In his discretion the district director may assign a trial attorney to any case in which he deems such assignment necessary or advantageous. The duties of the trial attorney shall include, but are not limited to, the presentation of evidence and the interrogation, examination, and cross-examination of the applicant and other witnesses. Nothing contained herein shall be construed to diminish the authority conferred upon the special inquiry officer in conducting proceedings under this part.

(d) Depositions. The procedures specified in § 242.14(e) of this chapter shall apply.

(e) Record. The hearing before the special inquiry officer, including the testimony and exhibits, the special inquiry officer's decision, and all written orders, motions, appeals, and other papers filed in the proceeding shall constitute the record in the case. The hearing shall be recorded verbatim except for

statements made off the record with the permission of the special inquiry officer. [23 F.R. 2671, Apr. 23, 1958, as amended at 23 F.R. 9123, Nov. 26, 1958; 24 F.R. 6477, Aug. 12, 1959; 27 F.R. 9646, Sept. 29, 1962; 29 F.R. 13242, Sept. 24, 1964; 32 F.R. 9628, July 4, 1967]

§ 236.3

Decision of the special inquiry officer: notice to the applicant.

(a) Contents. The decision of the special inquiry officer may be oral or written. It shall include a discussion of the evidence and findings as to excludability; the formal enumeration of findings is not required. The decision shall be concluded with the order of the special inquiry officer.

(b) Oral decision. An oral decision shall be stated for the record by the special inquiry officer at the conclusion of the hearing and in the presence of the applicant. When entitled to appeal from an adverse decision of the special inquiry officer, the applicant shall be so advised and shall be required to state then and there whether he wishes to appeal. At his request, the applicant shall be furnished with a typewritten transcript of the oral decision of the special inquiry officer.

(c) Written decision. When the decision of the special inquiry officer is in writing, the district director shall serve a signed copy thereof on the applicant, together with the notice referred to in § 3.3 of this chapter.

(d) Advice to alien ordered excluded. An alien ordered excluded shall be furnished with Form I-296, Notice to Alien Ordered Excluded by Special Inquiry Officer, at the time of an oral decision by the special inquiry officer or upon service of a written decision.

[23 F.R. 2671, Apr. 23, 1958, as amended at 23 F.R. 9123, Nov. 26, 1958; 31 F.R. 8045, June 8, 1966; 32 F.R. 9628, July 4, 1967]

§ 236.4 Finality of order.

The order of the special inquiry officer shall be final except when a case has been certified as provided in Part 3 or Part 103 of this chapter, or when an appeal is taken to the Board of Immigration Appeals. A special inquiry officer shall have authority to certify his decision in any case to the Board of Immigration Appeals when it involves an unusually complex or novel question of law or fact. When the order of the special inquiry officer is to admit the applicant, the special inquiry officer shall place him

on notice that the decision is subject to appeal by the district director as provided in § 236.5(c).

[32 F.R. 9628, July 4, 1967]

§ 236.5 Appeals.

(a) In general. Pursuant to Part 3 of this chapter, an appeal shall lie to the Board of Immigration Appeals from a decision of the special inquiry officer under this part, except as limited by section 236(d) of the act.

(b) By applicant. When the applicant states that he wishes to appeal from the special inquiry officer's oral decision, he shall be required then and there to submit completed Form I-290A. At his request, the applicant shall be allowed 10 days from the date of the oral decision in which to file a brief. An appeal from the special inquiry officer's written decision shall be taken within 13 days after mailing.

(c) By district director. The district director may, within 5 days from date of decision, appeal from an order of the special inquiry officer to admit the applicant. The applicant shall be notified in writing when an appeal is taken by the district director and advised that he will be allowed 5 days from receipt of notification in which to submit written representations for transmittal to the Board with the record in the case.

[23 F.R. 2671, Apr. 23, 1958, as amended at 24 F.R. 2584, Apr. 2, 1959; 29 F.R. 7236, June 3, 1964]

§ 236.6 Fingerprinting

aliens.

of excluded

Every alien 14 years of age or older who is excluded from admission to the United States by a special inquiry officer shall be fingerprinted, unless during the preceding year he has been fingerprinted at an American consular office. [23 F.R. 2671, Apr. 23, 1958]

PART 237-DEPORTATION OF EXCLUDED ALIENS

Sec.

237.1 Stay of deportation of excluded alien. 237.2 Notice to surrender for deportation. 237.3 Cost of maintenance not assessed. 237.4 Imposition of penalty.

237.5 Notice to transportation line of alien's exclusion.

AUTHORITY: The provisions of this Part 237 issued under secs. 103, 233, 237, 245, 280, 66 Stat. 173, 197, 201, 214, 230; 8 U.S.C. 1103, 1223, 1227, 1255, 1330.

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An alien who has been finally excluded pursuant to Part 236 of this chapter may at any time surrender himself to the custody of the Service and shall surrender himself to such custody upon notice in writing of the time and place for his surrender. The Service may take the alien into custody at any time. An alien taken into custody either upon. notice to surrender or by arrest shall not be deported less than 72 hours thereafter without his consent thereto filed in writing with the district director in charge of the place of his detention. An alien in foreign contiguous territory shall be informed that he may remain there in lieu of surrendering to the Service, but that he will be deemed to have acknowledged the execution of the order of exclusion and deportation in his case upon his failure to surrender at the timeand place prescribed.

[30 F.R. 4411, Apr. 6, 1965]

§ 237.3 Cost of maintenance not as

sessed.

A claim pursuant to section 237(a) (2) (B) of the act shall be established to the satisfaction of the district director in charge of the port of arrival, from whose adverse decision no appeal shall lie. The district director shall afford the line a reasonable time within which to submit. affidavits and briefs to support its claim. 123 F.R. 5818, Aug. 1, 1958, redesignated at 26 F.R. 2113, Mar. 11, 1961]

§ 237.4 Imposition of penalty.

Penalties for violation of sections 233 and 237 of the act shall be imposed in accordance with the provisions of Part 280 of this chapter. A bond or undertaking submitted to obtain clearance as provided in section 237(b) of the act shall be on Form I-310.

[23 F.R. 5818, Aug. 1, 1958, redesignated at 26 F.R. 2113, Mar. 11, 1961]

§ 237.5 Notice to transportation line of alien's exclusion.

An excluded alien shall, immediately or as promptly as the circumstances permit, be offered for deportation to the master, commanding officer, purser, person in charge, agent, owner, or consignee of the vessel or aircraft on which the alien is to be deported, as determined by the district director, with a written notice specifying the cause of exclusion, the class of travel in which such alien arrived and is to be deported, and with the return of any documentation which will assist in effecting his deportation. If special care and attention is required, the provisions of § 243.7 of this chapter shall apply.

127 F.R. 1479, Feb. 17, 1962]

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The contracts with transportation lines referred to in section 238 (a) of the Act shall be made by the regional commissioner in behalf of the government and shall be on Form I-421. The contracts with transportation lines referred to in section 238(b) of the Act shall be made by the regional commissioner in behalf of the government and shall be on Form I-420. The contracts with transportation lines referred to in section 238 (d) of the Act shall be made by the Commissioner in behalf of the government and shall be on Form I-426. The contracts with transportation lines desiring their passengers and crews preinspected at places outside the United States shall be made by the Commissioner in behalf of the government and shall be on Form I-425.

[32 F.R. 9629, July 4, 1967]

and

§ 238.2 Transportation lines bringing aliens to the United States from or through foreign contiguous territory or adjacent islands and lines bringing aliens destined to the United States into such territory or islands. (a) Land-border agreements overseas agreements. Forms I-420 and I-421 shall be signed in duplicate and forwarded to the regional counsel. After acceptance, the district office and the signatory line shall be furnished with one copy of the agreement. The transmittal letter to the regional commissioner shall indicate whether the signatory to the agreement is a subsidiary or affiliate of a line which has already signed a similar agreement. Correspondence regarding ancillary contracts for office space and other facilities to be furnished by transportation lines at Service stations in Canada shall be similarly handled. Forms I-420 or I-421 shall not be used to cover special situations such as mechanical difficulties, accidents, severe weather conditions or other emergencies which result in nonscheduled diversions to a port in foreign contiguous territory or adjacent islands; instead, the facts shall be presented to the regional commissioner in order that an appropriate agreement may be drafted. If humane considerations are involved, the Service maintains inspection facilities, and neither the alien nor the transportation line could have foreseen that application for admission to the United States would be made within 2 years, a nunc pro tunc agreement may be entered into on Form I-421 appropriately modified by adding the following paragraph:

5. That the provisions of this agreement shall be effective only to the extent that they who ar

concern rived at

on the

on

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American Export Lines, Inc.

American Mail Line, Ltd.
And. Smith Rederiaktiebolag.
Arosa Line, Inc.

Baltic Steamship Co., The.

Belgian Line (Compagnie Maritime Belge).
Messrs. Bernhard Schulte.

The Booth Steamship Company, Ltd.
The Bristol City Line of Steamships, Ltd.
British Overseas Airways Corporation.
British United Airways, Ltd.

The Cairn Line of Steamships, Ltd.
Caledonian Airways (Prestwick), Ltd.
Canadian Pacific Airlines.

Canadian Pacific Steamships, Ltd.

China Merchants Steam Navigation Co., Ltd.
China Union Lines, Ltd.

Christensen Canadian African Lines.
Columbus Line.

Compagnie Maritime Belge (see Belgian
Line).

Compagnie Nationale Air France (see Air France).

Corporacion Peruana de Vapores.

County Line, Ltd.

Cunard Steam-ship Co., Ltd.

Daido Kaiun Kaisha, Ltd. (Daido Line).
Det Dansk-Franske Dampskibsselskab.
Det Forenede Dampskibs-Selskab of Copen-
hagen.

Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines).

Ditlev-Simonsen Lines (General Steamship
Corp., Ltd.).
Donaldson Line, Ltd.

East Asiatic Company, The.

Egon Oldendorff Steamship Co.

Eikland & Salamis (I. M. Skaugen Shipowners).

El Al Israel Airlines.

Elder Dempster Lines, Ltd.

Ellerman & Bucknall Steamship Co., Ltd. Ellerman's Wilson Line.

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Hamburg Chicago Line (designation of a service operated by independent signatory lines A. Kirsten, Sartori & Berger and Ahrenkiel & Bene).

Hanseatische Reederei, Emil Offen & Co.
Head Line (see Ulster Steamship Co., Ltd.).
Heimdal Steamship Co., Ltd.

Heinrich Schmidt, G.M.B.H.
Holland-America Line.

Homes Lines Agency, Inc., as agents for Home
Lines, Inc., National Hellenic American
Line, S.A., Achille Lauro Armatore (Lauro
Lines), and Hamburg-Atlantik Linie
G.m.b.H.

Hugo-Stinnes Zweigniederlassung, Brennstof-
feisen und Schiffahrts Gesellschaft.
Incres Steamship Co., Ltd.
Interocean Line.

Interocean Marine, Ltd.
Irish International Airlines.

Irish Shipping, Ltd.

Island Navigation Co., 'Tokyo.

"Italia" Societa Di Navigazione (Italian Line). Johnson Line.

Johs. Fritzen & Sohn.

A. Kirsten.

A. F. Klaveness & Co. A 'S.

Knutsen Line.

Koninklijke Luchtvaart Maatschappij N. V. (K.L.M. Royal Dutch Airlines). Lamport & Holt Line, Ltd.

J. Lauritzen Line.

Japan Air Lines Company, Ltd.

Lauro Lines (see Home Lines Agency, Inc.).
Leif Hoegh & Co. A/S.

Lord Line (see Ulster Steamship Co., Ltd.).
Lovenskiold Og Hoyers Rederi (formerly
Sameiet Fossum A/S).

Lufthansa German Airlines (see Deutsche
Lufthansa Aktiengesellschaft).
Lunham & Moore Shipping, Ltd.
Manchester Liners, Ltd.

Maritime Central Airways, Ltd.
Montship Lines, Ltd.

N. V. Maatschappij Zeevaart.

N. V. Stoomboot-Maatschappij "Hillegersberg".

National Hellenic American Line, S.A. (see Home Lines Agency, Inc.).

Netherland Line (Nederland).

Netherlands Ministry of Transport & Waterstaat Directorate-General of Shipping.

Nihonkai Kisen Kabushiki Kaisha (Pacific
Ocean Line).

Nippon Yusen Kaisha (N.Y.K. Line).
Nissan Kisen Kaisha, Ltd.

Norddeutscher Lloyd (North German Lloyd). Nordstern Reederei G.m.b.H. and C. Mackprang, Jr.

Northwest Airlines, Inc.

Norwegian American Line.

The Oceanic Steamship Co. (Matson Navigation Co.).

Oranje Line

N. V.).

(Maatschappij Zeetransport

Orient Steam Navigation Co. (Orient & Pacific Lines or Peninsular & Oriental Steam Navigation Co.).

Osaka Shosen Kaisha, Ltd. (Williams, Dimond & Co., authorized Agents).

Ove Skou.

Pacific Islands Transport Line.

Pacific Shipowners, Ltd.

Pacific Western Airlines.

Pan American World Airways System. Pehrson & Wessel.

Port Line, Ltd.

Poseidon Lines.

Qantas Empire Airways, Ltd.
Rederiaktiebolaget Ragne.

Rodney Steamship Co., Ltd.

Royal Air Force Transport Command of the British Air Ministry.

Royal Mail Lines, Ltd.

Royal Rotterdam Lloyd (Lloydmail).
Sabena Belgian World Airlines.

Sameiet Fossum A/S (Now Lovenskiold Og
Hoyers Rederi).

Sartori & Berger.

Scandinavian Airlines System, Inc.

Schulte & Bruns.

Shinnihon Steamship Co., Ltd.
States Steamship Co.

Stoomvaart M. C. Oostzee, Directors: Vinke & Co.

Swedish American Line.

Swiss Air Transport Co., Ltd., Swissair.
Swiss (Suisse) Atlantic S.A.

Taiwan Navigation Company Ltd.
Transmaris, Ltd.

Ulster Steamship Co., Ltd., The (Head Line and Lord Line).

Union Steam Ship Co. of New Zealand, Ltd. United States Lines.

USSR-Aeroflot, The Ministry of Civil Aviation of the.

H. Vogemann.
Wallenius Line.

Watts, Watts, & Co., Ltd.

Westfal-Larsen Line.

Wrangell, H. M., & Co.

YNGVAR HVISTENDAHL (Scandia Shipping
Agencies, Ltd.).
Zim-Israel America Lines.

Zim-Israel Navigation Co., Ltd.

(2) Bermuda. Currently effective agreements on Form I-421 (Rev. 6-2958) exist with the following transportation lines regarding arrivals in Bermuda pursuant to section 238 (a) of the Act: British Overseas Airways Corp. Guest Aerovias Mexico, S.A.

Iberia Airlines.

Linea Aeropostal Venezolana.

P & O Lines (North America) Inc.

(3) Nassau. Currently effective agreements on Form I-421 (Rev. 6-29-58) exist with the following transportation lines regarding arrivals in Nassau pursuant to section 238(a) of the Act: British Overseas Airway Corporation. International Air Bahama.

[32 F.R. 9629, July 4, 1967, as amended at 32 F.R. 13755, Oct. 3, 1967; 33 F.R. 5255, Apr. 2, 1968; 33 F.R. 7485, May 21, 1968; 33 F.R. 10504, July 24, 1968; 33 F.R. 17136, Nov. 19, 1968; 34 F.R. 1008, Jan. 23, 1969; 35 F.R.

7638, May 16, 1970; 36 F.R. 8294, May 4, 1971; 37 F.R. 3745, Feb. 19, 1972]

§ 238.3 Aliens in immediate and continuous transit.

A trans

(a) Form I-426 agreements. portation line bringing aliens to the United States pursuant to § 212.1(e) (1) of this chapter shall enter into an agreement on Form I-426. Such agreements shall be negotiated directly by the Central Office and the head offices of the transportation lines.

(b) Signatory lines. Currently effective agreements on Form I-426 exist with the following:

Achille Lauro-Armatore, Naples, Italy. Aerlinte Eireann Teoranta (Irish Air Lines). Aeroflot-Soviet Airlines.

Aerolineas Argentinas.

Aerolineas INI and CIA S.A.

Aerolineas Peruanas, S.A.
Aeronaves de Mexico, S.A.

Aerovias Condor de Colombia Ltda.

Aerovias Interamericanas de Panama, S.A.

(Aerovias Panama Airways).

Aerovias Nacionales de Colombia (AVIANCA). Aerovias Quis-queyana.

Aerovias Venezolanas, S.A. (AVENSA).

Air Canada.

Air-India International Corp.

Air Jamaica (1968) Ltd.

Air Micronesia, Inc.

Air New Zealand, Ltd.

Air Pacific, Inc.

Air Panama Internacional.
Air West, Inc.

Alaska Airlines, Inc.

"ALCIONE”, Soc. di Navigazione p. A., Palermo.

Alfred C. Toepfer Schiffahrtsgesellschaft

M.B.H.

Allegheny Airlines, Inc.

All Islands Air Taxi, Inc.

ALM-Dutch Antillean Airlines.

American Airlines, Inc. American Banner Lines, Inc. American Export Lines, Inc. American Flyers Airline Corp.

American International Airways, Inc. American President Lines, Ltd.

AREA, Aerovias Ecuatorianas C. Ltda. "ARETUSA", Soc. di Navigazione p. A., Palermo.

Argonaut Airways Corp.

Arosa Line, Inc., "Panama."
Athina Maritime Co., Ltd.
Atlantic Freighters, Ltd.
Atlantic Oil Carriers, Ltd.
Atlantic Tankers, Ltd.
Atlantis Airlines, Ltd.
AUA Austrian Airlines.
Bahamas Airways, Ltd.

Barber-Wilhelmsen Line, F.M.C. No. 7489 (Barber Steamship Lines, Inc., U.S.A. General Agents).

Blue Star Line, Inc., The.

Braniff Airways, Inc.

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