Evidence-Continued witness, credibility of; determination by special inquiry officer; Vol. VII, p. 417 witness (Govt.); recall for further cross-examination; Jencks rule; Vol. VIII, p. 696 witness who refused to furnish his address, competency of; Vol. V, p. 312 Exclusion: Administrative Procedure Act, applicability to boards of special inquiry; Vol. IV, p. 121 American Indians born in Canada; see American Indians born in Canada board of special inquiry: fairness of hearing, unreasonable delay in disposing of alien's appeal; Vol. II, p. 172 grounds of exclusion; appelate body's right to lodge additional grounds; Vol. II, p. 406 jurisdiction, loss; when applicant entered before board's final order; Vol. III, p. 178 temporary exclusion; 8 CFR 175.57; hearing; Vol. III, p. 177 United States citizenship; board's right to adjudicate; Vol. I, p. 587 burden of proof; Vol. II, p. 777; Vol. V, p. 312 coming to commit a crime, Immigrant or nonimmigrant classification; Vol. II, p. 43; Vol. III, p. 407 deportable upon entry; excludability in absence of specific exclusion ground; Vol. I, p. 293; Vol. II, p. 406; Vol. VII, p. 565; Vol. VIII, pp. 128, 291 examining officer, right to cross-examine allen in exclusion proceedings; Vol. VIII, p. 24 excluded alien deemed not to have "entered" the United States; Vol. III, p. 543 foreign naval personnel, inspection on arrival; Vol. II, p. 293 grounds; see Exclusion grounds immigrant or nonimmigrant, determination of status; Vol. III, p. 379 indictment, admissibility while under; Vol. II, p. 172 inferences from alien's refusal to submit to cross-examination by examining officer; Vol. VIII, p. 24 Japanese or Korean national who entered Hawall with limited passport; admissibility to mainland; Vol. III, p. 565 place to which deportable; see Place of depor tation recommendation of court against deportation, effect in exclusion proceedings; Vol. II, p. 236; Vol. VI, p. 709 returning resident alien: admissibility determined in exclusion (not deportation) hearing; Vol. V, p. 312 admissibility determined under law in effect on date of issuance of reentry permit; Vol. V, p. 183; Vol. VII, p. 229 marriage on which entry for permanent residence based annulled ab initio; Vol. VII, p. 565 right to hearing; Vol. V, p. 712 stowaway; right to hearing; Vol. V, p. 712 Exclusion grounds: affliction, physical or mental; exemption, wife of citizen, 1917 Act, sec. 22; Vol. II, p. 183 assisted alien; passage, reimbursement of society for; Vol. I, p. 111 Exclusion grounds-Continued consent to reapply, no (after arrest and depor. tation): agricultural laborers (8 CFR 115.2); Vol. I, p. 624 American Indians born in Canada, appli cability to; Vol. III, p. 300 effect of reinterpretation of law (favorable to alien) upon which deportation was based; Vol. II, p. 180; Vol. III, pp. 76, 83, 605, 818; Vol. IV, p. 173 entry before 1929 Act; Vol. II, p. 180; Vol. III, p. 76 nunc pro tunc relief; Vol. VI, p. 73 prostitute; Vol. III, p. 818 seaman; Vol. II, p. 12; Vol. III, p. 83 contract labor: baker, supervisory; Vol. VIII, p. 371 cook, supervisory; Vol. VIII, p. 371 dancer, professional; chorus member; Vol. I, p. 593 employment previously acquired while in U.S. on visit; Vol. II, p. 374 hockey player, professional; Vol. I, p. 264 moving van helper, international; Vol. III, p. 750 primary purpose of entry as factor; Vol. III, p. 365 restaurant manager; Vol. VIĻI, p. 371 singer, professional; Vol. I, p. 682 skiing instructor; Vol. I, p. 198 crime, admission or conviction (see also Conviction of crime; Crime, admission of commission; Crimes involving moral turpitude; Moral turpitude; Pardon; Sentenced to imprisonment): American Indians born in Canada; Vol. III, p. 300 convicted after entry of crime committed prior to entry; Vol. II, p. 172 convicted by foreign court martial; Vol. VIII, p. 469 convicted while a U.S. citizen; Vol. V, p. 678 essential elements, acts constituting; see Crime, admission of commission: essential elements, acts constituting pardon, effect of; Vol. VI, p. 90 pardon, foreign; effect; Vol. VII, p. 166 petty offenses (Act of Sept. 3, 1954): benefits of sec. 4; applicability; Vol. VI, p. 738; Vol. VII, p. 147 benefits of sec. 4; applicability where allen committed 2 offenses-one offense expunged, sec. 1203.4, Calif. Penal Code; Vol. VII, p. 495 benefits of sec. 4; effect on disabilities flowing from conviction; Vol. VII, p. 147 classification of offenses committed abroad; Vol. VI, p. 508 disorderly conduct (jostling), New York; Vol. VI, p. 762 offense punishable by divisible statute; absent conviction; Vol. classification, VII, p. 153 petty larceny, Illinois; Vol. VI, p. 331 petty theft, Texas; Vol. VI, p. 435 proviso as to "only one such offense"; Vol. VI, p. 435; Vol. VII, p. 495 Exclusion grounds-Continued crime, admission or conviction-continued punishment "actually imposed", deter- punishment actually imposed less than 6 sentenced to imprisonment for more than 6 suspension of execution of sentence as factor; time of admission, requirement; Vol. V, p. two crimes before 18th birthday, 1952 Act; departure to avoid armed forces duty: after induction; Vol. II, p. 482; Vol. III, p. 265 desertion from armed forces; Vol. II, p. 482; draft delinquents; Vol. II, p. 420 liability for duty as factor; Vol. II, pp. 282, nonimmigrant, formerly a lawful permanent primary purpose; application of standards for fraud or misrepresentation, sec. 212(a) (19), availability relief under sec. 7, 1957 Act, to citizen's identification card as "documenta- concealment of arrest and conviction; Vol. VI, concealment of criminal conviction, crime con- cealed subsequently pardoned; Vol. VII, concealment of police record; Vol. VI, p. 584 failure to disclose prior deportation; Vol. VII, failure to divulge prior unlawful residence in false statements by nonimmigrant student as marital status, concealment of relevant facts; materiality of misrepresentation; Vol. VII, procurement of documentation; Vol. VII, p. 73 Exclusion grounds-Continued fraud or misrepresentation-continued procurement of laborer's permit in name of illiterate: exempted persons; Vol. II, p. 260 lawful permanent resident, returning; Vol. III, p. 159 mainland, coming from Hawall or Guam; test, kind of; Vol. II, p. 620 immoral purpose; Vol. I, pp. 71, 218, 373; Vol. III, armed forces deserter in wartime; effect of pos- generally (allens claiming exemption from reentry permit issued after Dec. 24, 1952; Vol. rentry permit issued prior to Dec. 24, 1952; insanity, prior attack; evidence; Vol. II, p. 68; mental defect; temporary illness due to wartime conviction under sec. 11721, Calif. Health & narcotics, offenses relating to (see also Deporta- conviction in 1947; recommendation against possession of, within meaning of 1952 Act; Vol. nonsignatory line, brought to contiguous terri- admitted to U.S. in transit to contiguous ter- seaman, brought as; Vol. I, p. 115 vessel owned by U.S. Government; Vol. IV, passport, no: entry in 1922; Vol. VI, p. 540 authority of issuing officers; Vol. VI, p. 584 1952); final determination admissibility de- pauper, definition; Vol. II, p. 131 Exclusion grounds-Continued polygamy, persons who practice or advocate: bigamy distinguished; Vol. VI, p. 9 prejudicial to interests of U.S. (see also Sub versive): limitation on power of board of special inquiry; Vol. I, p. 575 pacifist; Vol. V, p. 248 prostitution, sec. 212(a) (12), 1952 Act: availability relief under sec. 5, 1957 Act, to alien in U.S. ineligible for preexamination; Vol. VIII, p. 68 committed under duress; Vol. VII, p. 251 employed in house of prostitution as nurse; Vol. VII, p. 432 past practice; Vol. V, p. 559 procuring male persons for purpose of; Vol. VII, p. 392 psychopathic personality, etc., afflicted with; sec. 212 (a) (4), 1952 Act: homosexual; Vol. VII, p. 258; Vol. VIII, p. 409 mental defect; temporary illness due to wartime experiences; Vol. VIII, p. 646 public charge, likely to become: hospitalization for insanity in State where no charge is made; Vol. II, p. 78 pauper, in connection with; Vol. II, p. 131 wife and minor son, otherwise admissible, accompanying excludable husband-father; Vol. III, p. 641 subversive; see Subversive vice, unlawful commercialized, sec. 212 (a)(12), 1952 Act: coming to U.S. to engage in; Vol. VI pp. 98, 540 usury or "loan sharking"; Vol. VI, p. 98 visa charge (see also Deportation grounds: visa charge; Exclusion grounds: fraud or misrepresentation; Immigrant; Nonimmigrant): birth in U.S.; refusal to testify regarding conviction for draft evasion; Vol. VII, p. 323 employment offer no longer open; Vol. VI, p. 581 expiration of visa prior to embarkation on overseas journey to U.S.; Vol. VII, p. 298 expiration of visa while en route to U.S.; Vol. I, p. 154 fraud, obtained by: concealment of criminal record; Vol. III, pp. 20, 641; Vol. VI, p. 813 concealment of criminal record in connection with returning resident's prior (original) visa; Vol. II, p. 178 concealment of illegitimate child; Vol. VI, p. 77 concealment of marriage; Vol. VI, p. 746 employment offer no longer open; Vol. VI, p. 581 failure to disclose membership in foreign Communist Party; Vol. VII, p. 465 failure to disclose prior unlawful residence in U.S.; Vol. VII, p. 306 fictitious name, use of; Vol. II, p. 638 maiden name, use of; Vol. VI, p. 746 marital status, failure to reveal all relevant facts; Vol. VI, p. 9; Vol. VII, pp. 182, 397, 420 Exclusion grounds-Continued visa charge-Continued immigration visa, no; when border-crossing card accepted as lieu document; Vol. III, p. 519 nationality specified, not of; Vol. I, p. 93; Vol. III, p. 838 nonquota as specified in visa, not: child born out of wedlock; Vol. V, p. 120 sec. 101 (a) (27) (E); arrival after Dec. 24, 1953; Vol. VI, p. 172 showing of fraud not essential to support charge; Vol. VIII, p. 500 preference quota status under sec. 203(a) (1) (B), 1952 Act, arrival subsequent to spouse (principal alien); Vol. V, p. 722 waiver of documents to overcome; see Waiver of documents Executive Agreement: Canada, with; as to service in armed forces; Vol. II, p. 783 Mexico, with; as to service in armed forces; Vol. II, p. 243; Vol. V, p. 497; Vol. VI, pp. 641, 648 Exemption from military service, neutral alien's; ineligible to citizenship; see Ineligibility to citizenship Expatriation; see Citizenship-loss Expulsion; see Deportation Extortion; see Crimes involving moral turpitude Extradition from abroad; entry; Vol. III, p. 632 Failure: F provide for minor child, to; see Crimes involving moral turpitude return to United States, to; expatriation; see Citizenship-loss; Dual national supply necessaries for minor child, to; see Crimes involving moral turpitude Fair hearing: advance notice of names of witnesses not furnished to alien; Vol. V, p. 312 adverse publicity; Vol. V, p. 261 affidavits showing subversive nature of organization, use of; Vol. V, p. 451 alien awaiting trial on criminal indictment at time of hearing; Vol. VIII, p. 535 Attorney General's listing of alien; Vol. VI, p. 540 brief, right to file before hearing officer's decision; Vol. V, p. 651 charges lodged, failure to furnish factual allegations; Vol. VII, p. 443 cross-examination, limitation by hearing officer; Vol. V, p. 60 cross-examination precluded by failure to produce available witnesses after acceptance of their recorded testimony; Vol. VI, p. 300 discretionary relief, denial where alien not apprised fully of basis therefor; Vol. III, p. 714 ex post facto provisions; Vol. V, p. 261 failure to warn of possible self-incrimination; Vol. IV, p. 720; Vol. V, p. 306 hearing officer, qualifications; Vol. V, p. 175 hearing officer's qualifications, ruling on challenge alleging bias or prejudice; Vol. V, p. 347 hearing officer, substitution of; Vol. V, p. 743 Fair bearing-Continued hearing under regulations pursuant to Internal prior thereto; Vol. IV, p. 556 husband of alien, adverse testimony by; Vol. V, place of hearing; Vol. V, p. 347 public, hearing open to; Vol. V, p. 261 refusal of special inquiry officer to permit allen refusal of special inquiry officer to receive evi- special inquiry officer, right to question allen's stenographer also acted as interpreter; Vol. V, testimonial statements not used at hearing, in- False pretenses, representation, statements or discretionary relief to member; Vol. II, p. 582 Felatio, crime involving moral turpitude; Vol. II, Filipino (see also Philippine Islands) for immigra- tion purposes; Vol. II, p. 340; Vol. III, pp. 155, afflicted allen, etc., bringing: admission of alien temporarily under 9th pro- in-transit agreement pursuant sec. 238 of 1952 sec. 272(a), 1952 Act; due diligence; Vol. VII, sec. 272(b), 1952 Act; requirement of due dill- waiver of documentary requirements; effect on Air Commerce Act violation, amount of fine; crew lists, manifests: clerical errors; liability after repeated viola- departure, on; sec. 36, 1917 Act; Vol. III, pp. departure, on; original sailing of vessel; Vol. I, Fine-Continued crew lists, manifests-Continued detention or deportation of seamen: absoluteness of duty; Vol. II, pp. 1, 507, 571; agent for charterer, liability; sec. 254, 1952 Act; agents of vessel, timeliness of notice; Vol. V, p. 336 arrival from foreign, what constitutes; sec. 20, arrival in continental U.S. from Puerto Rico; foreign naval auxiliary; Vol. V, p. 336 intention of seaman to depart with vessel as lifting of detention order after seaman had been mitigation, sec. 20, 1924 Act; Vol. II, pp. 1, notice to detain, timeliness; Vol. V, p. 336 subsequent return to vessel before sailing; 1 validity of notice to detain; Vol. I, p. 365 vessel, return of, with seaman whose deporta- immigrant visa, bringing immigrant who lacked, admission of alien through exercise of discre- aircraft, subject to same liability as vessel; Canadian brought to Canada, destined to contiguous territory, from forlegn, via; destina- passage money, refund of; paroled allen ad- Fine-Continued immigrant visa-Continued reasonable diligence; possession of improper visa; Vol. I, p. 87 returning resident, admission of, as defense; seaman, arrival as; Vol. II, p. 623; Vol. III, passenger list, manifest: aircraft, sec. 14, 1917 Act; Vol. III, p. 259 clerical errors; opportunity for correction not seaman, signed on ship's articles but not paying off or discharging crewman: agent's liability, sec. 256, 1952 Act; Vol. V, ship's articles with new owner; Vol. VIII, p. 366 transfer to another vessel without permission; while Service has constructive control over prevent unauthorized landing, failure to: sec. 10, 1917 Act; due diligence immaterial; failure to deliver manifest; Vol. V, p. 601; failure to detain and deport, sec. 273(d), generally; Vol. V, p. 563; Vol. VIII, pp. lack of knowledge of stowaway's presence mitigation; Vol. V, pp. 563, 601 notice to detain and notice of liability to United States, vessels owned and operated by; Fine-Continued visa, bringing alien without (1952 Act): aircraft under contract to U.S. Army; Vol. allen crewmen not within sec. 273(a); Vol. alien stowaway not within sec. 273(a); Vol. Canadian common carrier; bringing Canadian liability fixed by regulation in effect at time mitigation not authorized; Vol. V, p. 226 waiver of visa, foreign government official; waver of visa, nonimmigrant visitor; Vol. waiver of visa; returning resident; Vol. VI, pp. 262, 810, 819; Vol. VII, p. 701 Foreign Agents Registration Act, deportation for Foreign naval personnel; inspection on arrival; Foreign oath of allegiance; effect when taken in Foreign pardon; see Pardon Forgery; see Crimes involving moral turpitude deceit, distinguished from; Vol. II, p. 651 naturalization, cancellation; "relation back" visa procured by; deportation ground; see De- Free Rumanian movement; Vol. III, p 312 G Gain, smuggling allens for; see Deportation German ethnic classification; D.P. Act of 1948; Ghent Treaty, discussed; Vol. I, p. 310; Vol. III, "Gigolo" Act of May 14, 1937; see Deportation |