III. Court decisions affecting administrative holdings-Continued Moser v. United States, 341 U.S. 41 (1951), distinguished. See 5 I. & N. *Ng Fun Yin v. Esperdy, 60 Civ. 517, D.C., S.D.N.Y., July 23, 1960, Pardini, unreported, U.S.D.C., S.D.N.Y., Aug. 2, 1949, Bondy, J. See Petition of Perez, 81 F. Supp. 591 (D.C., E.D.N.Y., 1948), distinguished. Petition of Snitkofsky, unreported, Civil Action No. 614454, U.S.D.C., See 7 I. & N. Dec. 478, 483. Schmidt v. United States, 177 F. 2d 450, and Application of Mura, 178 Shaughnessy v. United States ex rel. Mezi, 345 U.S. 206 (1953), distin- Slochower v. Board of Education, 350 U.S. 551, 76 S. Ct. 637 (1956), distinguished. See 7 I. & N. Dec. 308. United States ex rel. Belfrage v. Shaughnessy, 212 F. 2d 128, and Spector v. United States, 193 F. 2d 1002, distinguished from 6 I. & N. Dec. 252, 254. United States ex rel. De Luca v. O'Rourke, 213 F. 2d 759 (1954), rehearing denied July 14, 1954. See 6 I. & N. Dec. 505, 579. United States ex rel. Eichenlaub v. Shaughnessy, 338 U.S. 521 (1950). See United States ex rel. Forino v. Garfinkel, 166 F. 2d 887. See 2 I. & N. United States ex rel. Goodwin v. Karnuth, 74 F. Supp. 660. See 1 I. & N. United States ex rel. Harisiades v. Shaughnessy, 90 F. Supp. 397, 431 United States ex rel. Kettunen v. Reimer, 79 F. 2d 315. See 6 I. & N. United States ex rel. Lee Kum Hoy, Lee Kum Cherk, and Lee Moon Wah United States ex rel. Zabadlija v. Garfinkel, 173 F. 2d 222. See 3 I. & N. Vallejos v. Barber, 146 F. Supp. 781. See 7 I. & N. Dec. 242. Weiner and Beer v. Brownell, Civil Action No. 815-53, U.S.D.C., D. of C., *Zito v. Moutal, 174 F. Supp. 531 (N.D. Ill., 1959). See 8 I. & N. Dec. "First appearance in Notice. IV. Corrections in Volumes I through VII (other than index): 1 I. & N. Dec. 24, should be entitled "Exclusion Proceedings." 1 I. & N. Dec. 232, 233, file number of case should be 56106/698. 2 I. & N. Dec. 141, line 14, should be "advertence." 2 I. & N. Dec. 237, line 29, delete the italicized "not." 2 I. & N. Dec. 320, lines 4-5, in material under 1, place "not" between words "must" and "be." 2 I. & N. Dec. 407, 929; the Jelic citation should be 106 F. 2d 14. 2 I. & N. Dec. 592, in last line, change to "Garfinkel." 2 I. & N. Dec. 646, in line 2 change to "persecutions" and in line 4 change to "impostors". 2 I. & N. Dec. 644, line 6, 4th word should read "admission." 2 I. & N. Dec. 706, 9th line from bottom change initial "F" for last name to initial "R". 2 I. & N. Dec. 887, 2d line from bottom, in place of Matter of D—, 56130/68, Mar. 13, 1943, Michigan, insert "Matter of B—, A-5892480, Atty. Gen. (Sept. 5, 1946), Michigan." 2 I. & N. Dec. 890; the material in small type under caption (and the caption itself), "Residence Abroad" should appear as part of the footnote 1, at bottom of page. *3 I. & N. Dec. 476, line 3 of headnote 1 should read "11(b)" instead of "10(b)". 3 I. & N. Dec. 536, penultimate line, headnote 2, change "no" to "not." 3 I. & N. Dec. 629, Matter of G-, file number should be 56064/847. 3 I. & N. Dec. 22, 904; the United States ex rel. Bilokumsky v. Tod citation should be 263 U.S. 149. 3 I. & N. Dec. 830, 904; Tsevdes v. Reimer, 108 F. 2d 860, should be "Tsevdos". 3 I. & N. Dec. IX, XII, C. A-6924895 should be page "519." *4 I. & N. Dec. 248, line 2 of headnote (1) should read "dual”. 4 I. & N. Dec. 354, references throughout decision to "section 320" of California Civil Code should read "section 230". 4 I. & N. Dec. 532, headnote 2, line 4, 1st word, should read "or." 4 I. & N. Dec. 766, par. 3, line 7, 1st word, should read "forum" instead of "forms". 5 I. & N. Dec. 202, headnote 2, line 4, 1st word, should read "he". 5 I. & N. Dec. 343, line 9 of headnote under caption should read "section 241(b)". 5 I. & N. Dec. 390, par. 3, lines 7-8, should read "sec. 212". 5 I. & N. Dec. 705, caption should read "In the Matter of L-T-". 6 I. & N. Dec. p. XIX; line 1, 1st word should read "Unreported". 6 I. & N. Dec. 549, line 3, last par. should read "violator". *First appearance in Notice. Notice Regarding Interim Decisions Not Included in Bound Volumes of Administrative Decisions Below is a listing by number of circulated Interim Decisions which, due to their limited applicability (the preponderance of which relate to the Displaced Persons Act of 1948), have not been included in the bound volumes of the Administrative Decisions under Immigration and Nationality Laws of the United States: MATTER OF BOAC PLANE "FLIGHT No. 523" In FINE Proceedings F-0400-821 Decided by Board November 1, 1955 Fine Section 271 of 1952 act-Not incurred despite absence of immigration inspection when alien was routed through Federal inspection area. Fine will not be imposed against an airline under section 271 of the 1952 act for failure to prevent the unauthorized landing of an alien passenger when the record establishes that the passenger was routed through the Federal inspection facility at the airport, received Public Health and Customs clearance, and could not have passed from Public Health to Customs without having proceeded through the Immigration inspection area. BEFORE THE BOARD Discussion: This matter is before us on appeal from a decision of the District Director at Philadelphia dated May 6, 1955, ordering that fine in the sum of $1,000, mitigated to the extent of $500, be imposed on the British Overseas Airways, Inc., owners and/or agents of BOAC Plane Flight No. 523, which arrived at the port of Philadelphia, Pennsylvania, from foreign on October 3, 1954, for failure to prevent the landing of alien passenger W- -A- -W- at a time and place other than as designated by the immigration officers. The aircraft in question was diverted from New York, its original destination, to Philadelphia because of weather conditions. At the latter port, the nine members of the crew and 64 of the 65 passengers aboard were presented for inspection and were inspected. Subsequent to such inspection, and after the departure from the Philadelphia airport of the passengers inspected, a check of the passenger lists and the immigration documents revealed that the above-named alien had not, according to the records of the Service, been inspected, although he had been inspected and cleared by the United States Public Health Service and Customs. The subject alien was presented later the same day at the Idlewild Airport, New York, where he was inspected by a Service official and admitted as a visitor (B-2) for a period until October 30, 1954. According to the record, he departed from the United States in accordance with the terms of his admission. |