visa charge-Continued immigration visa, no; when border-crossing card ac- alien removed from U.S. pursuant sec. 23, 1917 child born out of wedlock; 5-120 married between visa issuance and entry into sec. 101(a)(27)(E); arrival after Dec. 24, 1953; showing of fraud not essential to support charge; original adm. for perm. resid. based on marriage to quota status specified in visa, not: child of pref. immigrant who married between child of pref. immigrant who preceded principal return of nonimmigrant from overnight visit to special immigrant as specified in visa, not; see also student, seeks entry as; in possession only of visitor visa petition approved and visa issued by Am. Con- sul on basis adoption in Yemen prior to adm. dec. waiver of documents to overcome; see waiver of a commingling of adjudicative and investigative func- advance notice of names of witnesses not furnished to adverse publicity; 5-261; 11-565 advice to alien re free counsel, desirability of; 13-798 alien awaiting trial on criminal indictment at time of alien called, over attorney's objection, as Govt. wit- alien's waiver of counsel due to alleged lack of under- alleged atmosphere of tension and antagonism; 9—646 brief, right to file before hearing officer's decision; change of venue; determination of; 15-590 charges lodged, failure to furnish factual allegations; cross-examination, limitation by hearing officer; 5-60 cross-examination of Govt. witnesses; Service refused cross-examination precluded by failure to produce delay, unreasonable, in disposing of alien's appeal; discretionary relief; consideration of eligibility for vol./dep. prior to ruling on issue of deportability; discretionary relief, denial where alien not apprised ex post facto provisions; 5-261 failure of SIO to advise indigent alien re free counsel; failure to warn of possible self-incrimination; 4-720; hearing, by Special Inquiry Officer; 5-392, 589 hearing, deportation; in absentia; 7-529; 13-775 hearing, open to public; 5-261 hearing, original, cure of defects in; 9-225 hearing, "reasonable cause", sec. 242(b); 7-529 hearing officer: authority to issue subpoena to compel production of qualifications; 5-175, 347 refused to subpoena Service records; 6-415 hearing under regulations pursuant to Internal Secu- impartial adjudicator role, deviation from; question of; interrogation, preliminary, of alien; no prior notice to lay person, denial of request to be represented by; mentally incompetent alien, exclusion proceedings; 11-329 Order to Show Cause must state proper charge; original record of exclusion; introduction of to estab- prejudgment, claim of; 11-351, 565; 15-9 refusal of hearing officer to subpoena Service records; refusal of SIO to allow a full hearing on sec. 243(h) refusal of SIO to defer dep. proc. pending obtainment refusal of SIO to grant adjournment; 14-412, 429 refusal of SIO to provide for taking of depositions in refusal of SIO to receive evidence re alienage where refusal of SIO to subpoena certain witnesses; 13—827; refusal of SIO to subpoena Govt. officials; 11-565 refusal to permit alien's counsel to cross-examine Ser- refusal to permit alien's counsel to review Service SIO's calling attention of trial attorney to unde- special inquiry officer: (see also Special inquiry right to question alien's witnesses; 5 312 substituted; 13-399; 14-237 substitution of; objection to, lies only when made at stenographer also acted as interpreter; 5-242 trial attorney; immigration officer assigned to perform unsound mind, alien of (represented by attorney with warrant of arrest, deficiency in; 4-415 warrant issued before Dec. 24, 1952; charges lodged False pretenses, representation, statements or Fascist Party, Italy: discretionary relief to member; 2-582 voluntary joining as acceptance of Italian nationality; Fiance(e) of U.S. citizen; sec. 101(a)(15)(K), 1952 Act, citizen petitioner, age 14, unable enter into valid mar- citizen petitioner did not marry fiance; alien married citizen petitioner dies subsequent to marriage and citizen petitioner has not personally met and seen marriage must remain viable at time application for upon; 15-152 petition to accord status as, filed before beneficiary separated subsequent to filing of application for crea- tion record of adm. for perm. resid.; effect; 15-152 Fine: afflicted alien, etc., bringing: admission of alien temporarily under 9th proviso as exercise of discretion under sec. 212(d)(3), 1952 Act; 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, waiver of documentary requirements; effect on lia- Air Commerce Act violation: applicability of fine under sec. 16, 1924 Act; 3-476 authority reinspect and revoke landing privileges at clerical errors; liability after repeated violations and departure, on; original sailing of vessel; 1-493 3-546 departure, on; timeliness of delivery; 3-341 alien crewman, of; owner of vessel solely liable; contemporaneous association with vessel, as factor; detention or deportation of crewman: absoluteness of duty; 1-370, 419; 2-1, 507, 571; agent for charterer, liability; sec. 254, 1952 Act; agents of vessel, timeliness of notice; 5-336 through efforts of responsible party; 1-105 detention or deportation of crewman-Continued arrival in continental U.S. from Puerto Rico; sec. ashore, with permission of responsible party, but bunkers, vessel arriving for; 5-296 burden of proof, question of; sec. 254(a)(1) 1952 Act; burden of proof, question of; sec. 254(b); 11-597 crewman denied landing privileges; apprehended crewman denied landing privileges; eluded guard crewman denied landing privileges; escaped from crewman denied landing privileges; notice to detain crewman denied landing privileges; on board when crewman denied landing privileges, reported mis- crewman drowned in attempt to land; 9-62 deportation, what constitutes; 3-699 detention, order, served after cancellation of shore foreign naval auxiliary; 5-336 hospitalization, removal by responsible parties for; imposition fine under sec. 254(a)(2) rather than sec. intention of seaman to depart with vessel as factor, lifting of detention order after seaman had been mitigation, sec. 20, 1924 Act; 2-1, 507; 4-228; mitigation; sec. 254, 1952 Act; 10-165; 11-700; multiple violations by same crewman, single trip; notice of revocation of landing privileges not in ac- notice to detain and deport and notice of liability to detention or deportation of crewman-Continued vessel owned by U.S. Govt. agency; 2-571 war conditions, as defense; 1-470 guard alien safely, failure to; sec. 18, 1917 Act; 1—334 admission of alien through exercise of discretion; aircraft, subject to same liability as vessel; 3-476 contiguous territory, from foreign, via; destination, passage money, refund of; paroled alien adjusted reasonable diligence; false claim of U.S. citizenship; reasonable diligence; possession of improper visa; returning resident, admission of, as defense; 3-476 aircraft, sec. 14, 1917 Act; 3-259 aircraft; omission of departure data not clerical er- clerical errors; opportunity for correction not re- failure to file timely manifest allegedly occasioned failure to present separate I-94 for each alien pas- paying off or discharging crewman; sec. 256, 1952 Act. crewman concomitantly re-signed ship's articles crewman injured after ship sailed foreign, removed Military Sea Transportation Service (U.S. Navy mitigation, not warranted merely because crewman proof of discharge; 5-663 separate penalty per crewman under statute, not stricken at sea; 7-215 transfer to another vessel without permission; vessel touring U.S. in motion picture promotional while Service has constructive control over crew- prevent unauthorized landing, failure to: sec. 10, 1917 Act; due diligence immaterial; 1-250 notice to detain and notice of liability to be served longshoremen, fell asleep aboard vessel; presented United States, aircraft under contract to; 6-819 vessel sailing coastwise; reinspection & revocation visa, bringing alien without (1952 Act): admitted on parole, not defense to liability; 9-595 aircraft under contract to U.S. Army; 6-819 contract under sec. 238(d), violation of; 6-570 due diligence, question of; alien presented wax- evidence; admissibility, even though may tend im- necessity of inclusion of alien's passport in record, liability fixed by regulation in effect at time of bring- visa, bringing alien without (1952 Act)-Continued signatory carrier (sec. 238) alleges alien "in transit" signatory carrier (sec. 238); bringing to Canada, 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 Following to join child or spouse; see Accompanying Foreign Agents Registration Act, deportation for Foreign crimes; see Crimes involving moral tur- Foreign naval personnel; inspection on arrival; Foreign pardon; see Pardon Foreign residence requirement, exchange alien: waiver of; see Waiver of foreign residence require- Foreign state chargeability; see Quota nationality distinguished from deceit; 2-651 distinguished from willful misrepresentation; 7-161 marriage, annulment of; effect on entry as spouse of moral turpitude; see Crimes involving moral tur- naturalization, cancellation; "relation back" doctrine; Free Rumanian movement; 3-312 G Gain, smuggling aliens for; see Deportation German ethnic classification; D.P. Act of 1948; Ghent Treaty, discussed; 1-310, 3—191 Good moral character (see also Discretionary relief; adulterous relationship; 2-840, 876, 892; 4-480; adultery: admission of commission, without conviction, not basis for exclusion or deportation; 3—168 ignorance of marital status; 6463; 801; 7-96, 380 Iowa; 13-785 marital status, adjustment; 6-675, 801; 7-365 New Jersey; 7-376 New York; 6-801; 7-156 Oregon; 10-35 Texas; 7-175 conduct not within enumerated categories of sec. 101 confinement to penal institution; sec. 101(f)(7), 1952 alien on probation during requisite statutory period; effect of pardon for conviction resulting in; 7-249 false testimony; sec. 101(f)(6), 1952 Act: burden of proof (within Woodby test); 12-277 false claim to U.S. citizenship in visa petition; false information given orally in application for cer- false statement in application for extension of stay; false statement in application for U.S. passport; false statements, oral, sworn, in connection with false statements, sworn, to border patrol agent, in false testimony in obtaining citizen's identification recantation of false testimony, effect; 9-118; 14– fraudulent understatement of income to evade income gambling activities, income derived from; sec. 101 gambling offenses, sec. 101(f)(5), 1952 Act; 6-242 marital status, irregularities; 2-842; 3-478, 833 naturalization cases, standards applicable to; 2-161; nonsupport; 2-161; 3-393 period required to qualify for preexamination; 7-726 perjury within 5-year period; voluntary departure probation, alien on, during requisite statutory period; record of conviction, expungement of, effect (Calif.); sec. 101(f)(3), 1952 Act: convicted (as a minor) in Superior Court of Calif. of convicted of "petty offense" within statutory period; convicted of violation of 8 USC 1324(a)(2); 11—478 single lapse, effect of; 1-611; 2-614; 5-708 Gross miscarriage of justice; see Miscarriage of jus- Guam: nationality status, inhabitants of; 3-589, 729 presumption of lawful admission for permanent resi- dence; 8-313, 371, 421; 9-82, 85 readmission to; of perm. resid. crewman after temp. H Harrison Narcotic Act, violation; deportation Hawaii: entry to mainland, from under 1917 Act, as distin- Japanese or Koreans who entered with laborers' limited passports; admissibility to mainland; 3-565 Head Tax: child accompanying mother on her first return to U.S.; debt in favor of U.S.; 2-251 deportation proceedings; see Deportation; Fair Hear- exclusion proceeding; see Exclusion; Fair hearing I Illegitimate child; acquisition of citizenship at birth |