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visa charge-Continued

immigration visa, no; when border-crossing card ac-
cepted as lieu document; 3-519
nationality specified, not of; 1-93; 3-838
nonquota as specified in visa, not:

alien removed from U.S. pursuant sec. 23, 1917
Act; 11-740

child born out of wedlock; 5-120

married between visa issuance and entry into
U.S.; 10-236

sec. 101(a)(27)(E); arrival after Dec. 24, 1953;
6- 172

showing of fraud not essential to support charge;
8 500

original adm. for perm. resid. based on marriage to
U.S. citizen which was not viable marriage at
time visa issuance and admission; 15-572
preference quota status under sec. 203(a)(1)(B),
1952 Act, arrival subsequent to spouse (principal
alien); 5-722

quota status specified in visa, not:

child of pref. immigrant who married between
visa issuance and entry into U.S.; 8-665;
12-156

child of pref. immigrant who preceded principal
alien to U.S.; 14—122

return of nonimmigrant from overnight visit to
Mexico seeking entry for perm. resid.; Fleuti in-
applicable; 13-324

special immigrant as specified in visa, not; see also
certification of Sec. of Labor; exemption from;
under this mainline title

student, seeks entry as; in possession only of visitor
visa; 13-251

visa petition approved and visa issued by Am. Con-

sul on basis adoption in Yemen prior to adm. dec.
holding no system of legal adoption in Yemen;
effect; 15-

waiver of documents to overcome; see waiver of
documents

[blocks in formation]

a commingling of adjudicative and investigative func-
tions, question of; 14-93

advance notice of names of witnesses not furnished to
alien; 5 312

adverse publicity; 5-261; 11-565

advice to alien re free counsel, desirability of; 13-798
affidavits showing subversive nature of organization,
use of; 5 451

alien awaiting trial on criminal indictment at time of
hearing; 8-535

alien called, over attorney's objection, as Govt. wit-
ness in dep. proc. against her; 13-232

alien's waiver of counsel due to alleged lack of under-
standing; 14-403

alleged atmosphere of tension and antagonism; 9—646
Attorney General's listing of alien; 6-540, 553-4
BIA's remand for further investigation & reopened
hearing not a deviation from impartial adjudicator
role; 14-93

brief, right to file before hearing officer's decision;
5 -651

change of venue; determination of; 15-590

charges lodged, failure to furnish factual allegations;
7-443

cross-examination, limitation by hearing officer; 5-60
cross-examination of Govt. witness, curtailment of by
SIO; 9 646; 13-790

cross-examination of Govt. witnesses; Service refused
to assure alien's reentry to go abroad for; 13-95
cross-examination of Govt. witnesses; refusal to use
interrogatories by mail; 13-95

cross-examination precluded by failure to produce
available witnesses after acceptance of their re-
corded testimony; 6-300

delay, unreasonable, in disposing of alien's appeal;
2-172

discretionary relief; consideration of eligibility for

vol./dep. prior to ruling on issue of deportability;
14-168

discretionary relief, denial where alien not apprised
fully of basis therefor; 3-714

ex post facto provisions; 5-261

failure of SIO to advise indigent alien re free counsel;
13-798

failure to warn of possible self-incrimination; 4-720;
5-306

hearing, by Special Inquiry Officer; 5-392, 589
change of venue; 15-590

hearing, deportation; in absentia; 7-529; 13-775
hearing; immigration officer assigned to perform
duties of trial attorney not required to be a member
of Bar; 14-258

hearing, open to public; 5-261

hearing, original, cure of defects in; 9-225
hearing, place of; 5-347; 15-590

hearing, "reasonable cause", sec. 242(b); 7-529
hearing, record of; refusal to transcribe in connection
with appeal from denial of motion to reopen;
14-381

hearing officer:

authority to issue subpoena to compel production of
Service records; 5-60

qualifications; 5-175, 347

refused to subpoena Service records; 6-415
substitution, propriety; 4—596; 5-743

hearing under regulations pursuant to Internal Secu-
rity Act of 1950 in proceedings commenced prior
thereto; 4-556

impartial adjudicator role, deviation from; question of;
14-93, 168

interrogation, preliminary, of alien; no prior notice to
alien's counsel; 15-480

lay person, denial of request to be represented by;
15-251

mentally incompetent alien, exclusion proceedings;

11-329

Order to Show Cause must state proper charge;
15--769

original record of exclusion; introduction of to estab-
lish present excludability based on same conduct,
question of; 12-462

prejudgment, claim of; 11-351, 565; 15-9

refusal of hearing officer to subpoena Service records;
6 415

refusal of SIO to allow a full hearing on sec. 243(h)
application; 14-429

refusal of SIO to defer dep. proc. pending obtainment
of Labor certification; 11-592

refusal of SIO to grant adjournment; 14-412, 429
refusal of SIO to permit alien to testify re alleged
unlawful arrest and search; 7-271

refusal of SIO to provide for taking of depositions in
Greece; 13-827

refusal of SIO to receive evidence re alienage where
sec. 503 suit dismissed without entry final order;
8--244

refusal of SIO to subpoena certain witnesses; 13—827;
15-388

refusal of SIO to subpoena Govt. officials; 11-565
refusal to direct transcription of record of original
deportation hearing; 14-381

refusal to permit alien's counsel to cross-examine Ser-
vice officer who prepared official record of alien's
arrival; 15-372

refusal to permit alien's counsel to review Service
character investigation report; 11-565
refusal to permit inspection of Service records to dis-
cover basis of alien's arrest; 15-278
"reputable individual" (8 CFR 292.1(b), representa-
tion by; question of; 15-251

SIO's calling attention of trial attorney to unde-
veloped areas of inquiry; 14-168

special inquiry officer: (see also Special inquiry
officer);

right to question alien's witnesses; 5 312

substituted; 13-399; 14-237

substitution of; objection to, lies only when made at
hearing: 14-283

stenographer also acted as interpreter; 5-242
testimonial statements not used at hearing; inspection
of by alien; 5 312

trial attorney; immigration officer assigned to perform
duties of, not required to be attorney at law;
14-258

unsound mind, alien of (represented by attorney with
aid of physician); 6-358

warrant of arrest, deficiency in; 4-415

warrant issued before Dec. 24, 1952; charges lodged
under 1952 Act; 6-540

False pretenses, representation, statements or
swearing; see Crimes involving moral turpitude
False testimony; see Good moral character: false
testimony

Fascist Party, Italy:

discretionary relief to member; 2-582

voluntary joining as acceptance of Italian nationality;
3 674

Fiance(e) of U.S. citizen; sec. 101(a)(15)(K), 1952 Act,
as amended:

citizen petitioner, age 14, unable enter into valid mar-
riage; 13-705

citizen petitioner did not marry fiance; alien married
another U.S. citizen; sec. 245 adjustment not pre-
cluded; 14-125

citizen petitioner dies subsequent to marriage and
prior to filing of application for creation record of
adm. for perm. resid.; effect; 14-153

citizen petitioner has not personally met and seen
beneficiary; 14-620

marriage must remain viable at time application for
creation of record of adm. for perm. resid. is ruled

upon; 15-152

petition to accord status as, filed before beneficiary
fiancee's divorce decree nisi became final; 14-1
separated shortly after marriage; chances reconcilia-
tion doubtful; no fraud; 14-188

separated subsequent to filing of application for crea-

tion record of adm. for perm. resid.; effect; 15-152
Filipino (see also Deportation: Filipino; Philippine
Islands); for immigration purposes; 2-340;
3-155, 184, 396; 4—569; 7—201

Fine:

afflicted alien, etc., bringing:

admission of alien temporarily under 9th proviso as
defense; 1917 Act; 4-49

exercise of discretion under sec. 212(d)(3), 1952 Act;
as defense; 7-209

in-transit agreement pursuant sec. 238 of 1952 Act,

under; effect on liability; 7-209

sec. 272(a), 1952 Act; due diligence; 7-209

sec. 272(b), 1952 Act; requirement of due diligence,
psychiatric examination; 6467

waiver of documentary requirements; effect on lia-
bility; 7-209

Air Commerce Act violation:

applicability of fine under sec. 16, 1924 Act; 3-476
applicability of fine under sec. 273(a), 1952 Act;
6 570

authority reinspect and revoke landing privileges at
2d US port of call; vessel sailing coast wise; 13-418
crew lists, manifests:

clerical errors; liability after repeated violations and
warnings; 7-403

departure, on; original sailing of vessel; 1-493
departure on; sec. 36, 1917 Act; 3-54, 338, 341, 546
departure, on; sec. 36, 1917 Act; sold after arrival;

3-546

departure, on; timeliness of delivery; 3-341
deportation expenses, failure or refusal to comply
with order to pay, sec. 243(e):

alien crewman, of; owner of vessel solely liable;
9-350

contemporaneous association with vessel, as factor;
9-350

detention or deportation of crewman:

absoluteness of duty; 1-370, 419; 2-1, 507, 571;
3-165; 9-564

agent for charterer, liability; sec. 254, 1952 Act;
7-453

agents of vessel, timeliness of notice; 5-336
apprehension of escaped seaman and deportation

through efforts of responsible party; 1-105
arrival from foreign; 14-51

detention or deportation of crewman-Continued
arrival from foreign, what constitutes; sec. 20, 1924
Act; 3-876

arrival in continental U.S. from Puerto Rico; sec.
254, 1952 Act; 7-235

ashore, with permission of responsible party, but
departure with vessel; 1-578

bunkers, vessel arriving for; 5-296

burden of proof, question of; sec. 254(a)(1) 1952 Act;
11-475

burden of proof, question of; sec. 254(b); 11-597
crewman admitted TRWOV to join vessel;
absconded after being ordered detained; 14-18
crewman admitted TRWOV to join vessel;
absconded after ordered detained; vessel not in
U.S.; 15-718

crewman denied landing privileges; apprehended
while swimming ashore; 13-345

crewman denied landing privileges; eluded guard
when later allowed ashore for medical treatment;
liability; 10-360

crewman denied landing privileges; escaped from
U.S. Govt. hospital to which removed for medical
treatment; 11-245

crewman denied landing privileges; notice to detain
not served; sec. 254(a)(2), 1952 Act; 7-453;
8-639

crewman denied landing privileges; on board when
vessel left; reported missing shortly thereafter;
liability; 13-92

crewman denied landing privileges, reported mis-
sing on departure manifest; no showing illegal
entry not made; 11-596

crewman drowned in attempt to land; 9-62
crewman not presented for inspection; no affirma-
tive evidence he left ship; 11-475; 14-51
crewman not presented for inspection; reported by
carrier (I-418) as deserter; 14-51
crewman, without inspection, proceeded to foot or
gangway on pier to assist passengers in landing;
10-607

deportation, what constitutes; 3-699

detention, order, served after cancellation of shore
leave; 1-214, 443

foreign naval auxiliary; 5-336

hospitalization, removal by responsible parties for;
1-418, 555

imposition fine under sec. 254(a)(2) rather than sec.
254(a)(3); effect; 13-418; 15-180

intention of seaman to depart with vessel as factor,
2-1

lifting of detention order after seaman had been
ashore; 3-174

mitigation, sec. 20, 1924 Act; 2-1, 507; 4-228;
15-180

mitigation; sec. 254, 1952 Act; 10-165; 11-700;
13-345

multiple violations by same crewman, single trip;
96

notice of revocation of landing privileges not in ac-
cordance 8 CFR 252; effect; 13 418
notice to detain, timeliness; 5-336
notice to detain, validity; 1-365

notice to detain and deport and notice of liability to
be served on same party; 1-426; 10-360, 737
notice to detain and deport not in accordance 8 CFR
252; effect; 13-418; 15-180

detention or deportation of crewman-Continued
subsequent return to vessel before sailing; 1-523,
578; 2-1, 672; 4-228

vessel owned by U.S. Govt. agency; 2-571
vessel, return of, with seaman whose deportation
had been ordered; 3-699

war conditions, as defense; 1-470

guard alien safely, failure to; sec. 18, 1917 Act; 1—334
immigrant visa, bringing immigrant who lacked, 1924
Act (see also Fine: visa, bringing alien without,
1952 Act):

admission of alien through exercise of discretion;
3-113

aircraft, subject to same liability as vessel; 3-476
Canadian brought to Canada, destined to U.S.;
4-689

contiguous territory, from foreign, via; destination,
ability to determine as factor; 4-51

passage money, refund of; paroled alien adjusted
status by departing to contiguous territory;
4-657

reasonable diligence; false claim of U.S. citizenship;
1-261; 3-111, 234

reasonable diligence; possession of improper visa;
1-87

returning resident, admission of, as defense; 3-476
seaman, arrival as; 2-623; 3-753, 887
passenger list, manifest:

aircraft, sec. 14, 1917 Act; 3-259

aircraft; omission of departure data not clerical er-
ror; 6-628

clerical errors; opportunity for correction not re-
quired where history of errors and warnings;
8-694

failure to file timely manifest allegedly occasioned
by loss in mails; 11-831

failure to present separate I-94 for each alien pas-
senger; flight originated in Mexico; 15-392
mitigation; sec. 231, 1952 Act; 11-831
seaman, signed on ship's articles but not actually
employed as, applying for admission as visitor;
2-425

paying off or discharging crewman; sec. 256, 1952 Act.
agent's liability; 5-567; 6-518

crewman concomitantly re-signed ship's articles
with new owner; 8-366

crewman injured after ship sailed foreign, removed
and admitted USPHS hospital; 14-688
crewman, without termination of services and with
intent to return to vessel, departed U.S. tem-
porarily; 9-272

Military Sea Transportation Service (U.S. Navy
vessel); 5-572

mitigation, not warranted merely because crewman
departed; 5-663

proof of discharge; 5-663

separate penalty per crewman under statute, not
per vessel; 10-391

stricken at sea; 7-215

transfer to another vessel without permission;
6-311

vessel touring U.S. in motion picture promotional
scheme; 10-391

while Service has constructive control over crew-
man; 7-350

prevent unauthorized landing, failure to:

sec. 10, 1917 Act; due diligence immaterial; 1-250

[blocks in formation]

notice to detain and notice of liability to be served
on same party; 7-280

longshoremen, fell asleep aboard vessel; presented
for inspection as; 12-253

United States, aircraft under contract to; 6-819
United States, vessels owned and operated by;
2-571; 5-572

vessel sailing coastwise; reinspection & revocation
landing privileges at 2d U.S. port of call, authority
for; 13 418

visa, bringing alien without (1952 Act):

admitted on parole, not defense to liability; 9-595
admitted on parole followed by visa waiver; not
liable; 10-197

aircraft under contract to U.S. Army; 6-819
alien crewman not within sec. 273(a); 6-112
alien stowaway not within sec. 273(a); 7-500
Canadian common carrier; bringing Canadian citi-
zen destined to U.S.; 7-329

contract under sec. 238(d), violation of; 6-570
criminal liability for same transportation of aliens;
not defense to liability; 15-172
double penalty, contention of; 15-172

due diligence, question of; alien presented wax-
sealed envelope from consulate asserting it con-
tained visa; 13-67

evidence; admissibility, even though may tend im-
peach exclusion order; 10-240
evidence; admissibility of Service records prepared
by immigrant inspector at time of alien's arrival
15-111, 372

necessity of inclusion of alien's passport in record,
question of; 15-372

liability fixed by regulation in effect at time of bring-
ing; 7-704

visa, bringing alien without (1952 Act)-Continued
mitigation not authorized; 5-226

signatory carrier (sec. 238) alleges alien "in transit"
whereas presented as visitor for business;
12-267

signatory carrier (sec. 238); bringing to Canada,
natives of contiguous territory or returning resi-
dents destined to U.S.; 8-8

transit through U.S., alien in; 6-362

TRWOV alien lacking valid passport; 8-498

TRWOV; suspension of TRWOV regs. without rule

making no defense; 15-291

waiver of visa:

foreign govt. official; 6-204

nonimmigrant visitor; 6-85; 7-704; 10-197
returning resident; 6-262, 810, 819; 7-701
Finland; date when Finland became cobelligerent
during World War II; 2-548

Following to join child or spouse; see Accompanying
or following to join

Foreign Agents Registration Act, deportation for
conviction under; 3—310; 4—269

Foreign crimes; see Crimes involving moral tur-
pitude; Moral turpitude

Foreign naval personnel; inspection on arrival;
2-293

Foreign pardon; see Pardon

Foreign residence requirement, exchange alien:
liability to, question of; see Exchange alien vis-
itor: foreign residence requirement

waiver of; see Waiver of foreign residence require-
ment; sec. 212(e), 1952 Act

Foreign state chargeability; see Quota nationality
Forgery; see Crimes involving moral turpitude
Fornication; discretionary relief; 2-844
Fraud:

distinguished from deceit; 2-651

distinguished from willful misrepresentation;

7-161

marriage, annulment of; effect on entry as spouse of
citizen; see Deportation grounds: fraudulent mar-
riage ("Gigolo" Act of May 14, 1937)

moral turpitude; see Crimes involving moral tur-
pitude; Moral turpitude

naturalization, cancellation; "relation back" doctrine;
see Citizenship-loss: revocation of naturalization
visa procured by; deportation ground; see Deportation
grounds: visa charge

Free Rumanian movement; 3-312
Frivolous appeal; see Appeal; Board of Immigration
Appeals

G

Gain, smuggling aliens for; see Deportation
grounds: smuggling aliens for gain
Gambling; see Crimes involving moral turpitude;
Good moral character: gambling offenses, sec.
101(f)(5), 1952 Act

German ethnic classification; D.P. Act of 1948;
3-838

Ghent Treaty, discussed; 1-310, 3—191
"Gigolo" Act of May 14, 1937; see Deportation
grounds: fraudulent marriage

Good moral character (see also Discretionary relief;
Preexamination; Seventh proviso, sec. 3, 1917
Act; Suspension of deportation; Voluntary depar-
ture):

adulterous relationship; 2-840, 876, 892; 4-480;
5-522; 6-801; 7-156, 365

adultery:

admission of commission, without conviction, not

basis for exclusion or deportation; 3—168
determination of; applicability of criminal test;
6-660, 801; 13-785

ignorance of marital status; 6463; 801; 7-96, 380
Illinois; 6675

Iowa; 13-785

marital status, adjustment; 6-675, 801; 7-365
Minnesota; 6660

New Jersey; 7-376

New York; 6-801; 7-156

Oregon; 10-35

Texas; 7-175

conduct not within enumerated categories of sec. 101
(f) may nevertheless be considered under last sen-
tence thereof in determining; 12-206

confinement to penal institution; sec. 101(f)(7), 1952
Act:

alien on probation during requisite statutory period;
effect; 13-777

effect of pardon for conviction resulting in; 7-249
United States citizen, while a; 7-405
defined; 1-158, 611; 2-145, 831; 3-571
distinguished from moral excellence; 1-611
examination of facts (in adm. proc.), to determine; not
estopped by dismissal of pertinent courts in criminal
proc.; 11-805

false testimony; sec. 101(f)(6), 1952 Act:

burden of proof (within Woodby test); 12-277
evasive, equivocal, discrepant & contradictory
statements at dep. hearing; 11-351

false claim to U.S. citizenship in visa petition;
7-706

false information given orally in application for cer-
tificate of citizenship; 8-403

false statement in application for extension of stay;
5-514; 6-208

false statement in application for U.S. passport;
8-399

false statements, oral, sworn, in connection with
processing of VP; 10-725

false statements, sworn, to border patrol agent, in
routine Q and A interview; 14-412

false testimony in obtaining citizen's identification
card; 7-486

recantation of false testimony, effect; 9-118; 14–
-412; see also Perjury: correction of misstatement
"testimony" construed; 8-399

fraudulent understatement of income to evade income
taxes; 11-805

gambling activities, income derived from; sec. 101
(f)(4), 1952 Act; 8-185

gambling offenses, sec. 101(f)(5), 1952 Act; 6-242
illicit relationship; 7—247

marital status, irregularities; 2-842; 3-478, 833
murder, attempted, conviction of; not within sec. 101
(f)(8), 1952 Act; 14-117

naturalization cases, standards applicable to; 2-161;
334, 848

nonsupport; 2-161; 3-393

period required to qualify for preexamination; 7-726
perjury within 5-year period, suspension of deporta-
tion; 2-492, 830

perjury within 5-year period; voluntary departure
and 7th Proviso relief; 2-606

probation, alien on, during requisite statutory period;
effect on eligibility for vol. dep.; 13—–777
prostitution; 5559

record of conviction, expungement of, effect (Calif.);
6-619

sec. 101(f)(3), 1952 Act:

convicted (as a minor) in Superior Court of Calif. of
kidnapping; 9 487

convicted of "petty offense" within statutory period;
7-147; 13-641

convicted of violation of 8 USC 1324(a)(2); 11—478
convicted within, but offense committed outside,
statutory period; 14-117

single lapse, effect of; 1-611; 2-614; 5-708
voluntary departure, standards same as for suspen-
sion; 2-731; see also Voluntary departure
Government official, member of family of; failure to
maintain status; deportation; 4-36
Government official, servant of; admission in 1919,
not for permanent residence; 3-638
Grand theft; see Crimes involving moral turpitude
Gross indecency; see Crimes involving moral tur-
pitude

Gross miscarriage of justice; see Miscarriage of jus-
tice

Guam:

nationality status, inhabitants of; 3-589, 729
"phasing-out" program; individual extensions of stay
required; 9-85

presumption of lawful admission for permanent resi-

dence; 8-313, 371, 421; 9-82, 85

readmission to; of perm. resid. crewman after temp.
employment in Saipan between sailings; 7-314
status of natives' children born abroad; 5-380

H

Harrison Narcotic Act, violation; deportation
ground (see also Deportation grounds: narcotics);
2-602; 3-460

Hawaii:

entry to mainland, from under 1917 Act, as distin-
guished from 1924 Act; 7-201

Japanese or Koreans who entered with laborers'

limited passports; admissibility to mainland; 3-565
residents, before acquisition by U.S.; citizenship
status; 3-206

Head Tax:

child accompanying mother on her first return to U.S.;
3-215, 264

debt in favor of U.S.; 2-251
Hearing:

deportation proceedings; see Deportation; Fair Hear-
ing

exclusion proceeding; see Exclusion; Fair hearing
Housebreaking; see Crimes involving moral tur-
pitude

I

Illegitimate child; acquisition of citizenship at birth
abroad; see Citizenship-acquisition at birth by
child born abroad; see also Citizenship-derivation
(after birth) by child born abroad
Illegitimate child, legitimation of; see Legitimation
Illiteracy; see Exclusion grounds: illiterate
Immediate relative (see also Nonquota immigrant):
accorded nonquota status previously, question of; sec.

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