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to immigrants; 5-441

insanity, prior attack; evidence; 2-68; 8-12

mental defect; temporary illness due to wartime experiences; 8-646 mentally retarded, sec. 212 (a) (1):

Class "A" certification as; not advised of right to appeal; effect; 13-611 narcotic drug addict:

conviction under Calif. Health & Safety Code: 6-374

narcotics, offenses relating to (see also Deportation grounds: narcotics, offenses relating to):

conviction after Feb. 18, 1981; 1-293 conviction before Feb. 18, 1931; 2-406 conviction in 1935, sentence suspended; 3-387

conviction in 1947; recommendation

against deportation; effect; 1952 Act; 6-709

conviction while in U.S.; effect of full

& unconditional pardon; 12-325, 335 conviction while in U.S. under parole; 11-625

facts outside conviction record; 5-479 illicit traffic in, determination, 1952 Act; 5-190; 7-675

possession of, within meaning of 1952 Act; 5-169

use, unlawful; may not be equated with unlawful possession; 13-569 nonsignatory line, brought to contiguous territory via:

admitted to U.S. in transit to contiguous territory; 6-735

seaman, brought as; 1-115

vessel owned by U.S. Government; 4-290

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3-76

permission to reapply, no-Continued
entry before 1929 Act; 2-180;
nunc pro tunc relief; 6-73
prostitute; 3-818

seaman; 2-12; 3-83

polygamy, persons who practice or advocate; bigamy distinguished; 6-9

prejudicial to interests of U.S. (see also Subversive):

limitation on power of board of special inquiry; 1-575

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sex deviate; effect of irregular procedures in issuance by USPHS of "Class A" certification as; 12-528

public charge, likely to become:

hospitalization for insanity in State where no charge is made; 2-78 pauper, in connection with; 2-131 wife and minor son, otherwise admissible, accompanying excludable husband-father; 3-641

subversive; see Subversive

vice, unlawful commercialized, sec. 212 (a) (12), 1952 Act:

coming to U.S. to engage in; 6-98, 540 usury or "loan sharking"; 6-98 visa charge (see also Deportation grounds: visa charge; Exclusion grounds: fraud or misrepresentation; Immigrant;

Nonimigrant):

AR Card presented upon reentry from Mexico in 1961 to following visit Cuba: 11-615

birth in U.S.; refusal to testify regarding conviction for draft evasion; 7-323

employment offer no longer open;

6-581

expiration of visa prior to embarkation on overseas journey to U.S.; 7-298

visa charge-Continued

expiration of visa while en route to

U.S.; 1-154

fraud, obtained by:

concealment of criminal record; 3--20,

641; 6-813

concealment of criminal record in connection with returning resident's prior (original) visa; 2-178 concealment of illegitimate child; 6-77

concealment of marriage; 6-746 employment offer no longer open; 6-581

failure to disclose membership in foreign Communist Party; 7-465 failure to disclose prior unlawful residence in U.S.; 7-306

fictitious name, use of; 2-638 maiden name, use of: 6-746 marital status, failure to reveal all relevant facts; 6-9; 7-182, 397,

420

spurious offer of employment: 10-409 immigration visa, no; when bordercrossing card accepted 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 sup-
port charge; 8-500

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

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

student, seeks entry as; in possession

only of visitor visa; 13-251

waiver of documents to overcome: see waiver of documents

Executive Agreement:

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provide for minor child, to; see Crimes involving moral turpitude

return to U.S., 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; 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. witness in dep. proc. against her; 13-232

alleged atmosphere of tension and antagonism; 9-646

Attorney General's listing of alien; 6-540, 553-4

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

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 recorded testimony: 6-300 delay, unreasonable, in disposing of alien's appeal; 2-172

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

Fair hearing:

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, place of; 5-347

hearing, "reasonable cause", sec. 242 (b); 7-529

hearing officer:

authority to issue subpoena to compel production of Service records; 5-60 qualifications; 5-175, 847

refused to subpoena Service records; 6-415

substitution, propriety; 4-596; 5-743 hearing under regulations pursuant to Internal Security Act of 1950 in proceedings commenced prior thereto; 4-556

mentally incompetent alien, exclusion proceedings; 11-329

original record of exclusion; introduction of to establish present excludability

based on same conduct, question of; 12-462

prejudgment, claim of; 11-351, 565 refusal of hearing officer to subpoena Service records; 6-415

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

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 alien

age where sec. 503 suit dismissed without entry final order; 8-244

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 review Service character investigation report; 11-565

special inquiry officer, right to question alien's witnesses; 5-312

special inquiry officer, substituted; 13-399 stenographer also acted as interpreter; 5-242

testimonial statements not used at hearing; inspection of by alien; 5-312 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

(K), 1952 Act, as amended: citizen petitioner, age 14, unable enter into valid marriage; 13-705

Filipino (see also Deportation: Filipino ; Philippine Islands); for immigration pur. poses; 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; 6-467

waiver of documentary requirements; effect on liability; 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

&

revoke

landing

privileges at 2d US port of call; vessel sailing coastwise; 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 crewmen: 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, 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

detention or deportation of crewmanContinued

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 denied landing privileges; ap-
prehended 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 missing 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 affirmative evidence he left ship and went ashore; 11-475 crewman, without inspection, proceeded to foot of 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

parties for; 1-418, 555 imposition fine under

responsible

sec. 254 (a) (2) rather than sec. 254 (a) (3); effect; 13-418

intention of seaman to depart with ves

sel 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

mitigation; sec. 254, 1952 Act; 10-165;

11-700; 13-345

multiple violations by same crewman, single trip; 9-6

notice of revocation of landing privileges not in accordance 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 & deport not in accordance 8 CFR 252; effect; 13-418

detention or deportation of crewmanContinued

subsequent return to vessel before sail

ing; 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 factor; 4-51

as

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 de-, fense; 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 error; 6-628

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

failure to file timely manifest allegedly occasioned by loss in mails; 11-831 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; 256, 1952 Act:

sec.

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paying off dischargng crewman; sec. 256,

1952 Act-Continued

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

while Service has constructive control over crewman; 7-350

prevent unauthorized landing, failure to: sec. 10, 1917 Act; due diligence immaterial; 1-250

sec. 271, 1952 Act:

alien crewman employed on vessel arriving in U.S., not encompassed by; 7-235

alien routed thru Federal inspection area but not inspected by immigration officer; 8-1

alien withdrew application for admission; escaped from carrier's custody after service of notice of removal 13-432

disappearance after initial inspection;
5-482; 13-390

due diligence immaterial; 6-594
mitigation; 13-390, 840

stowaway concealed on vessel; "landing" not effected; 8-323 reinspection & revocation landing privileges at 2d US port of call, authority for; vessel sailing coastwise; 13-418 sec. 239, 1952 Act:

maximum penalty, multiple violations; 7-584

mitigation; 11-73; 13-409

owner not pilot of plane; no defense; 13-409

remission in full of penalty; question of; 11-73

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failure to detain and deport, sec. 273 (d), 1952 Act:

generally; 5-563; 8-299, 675 lack of knowledge of stowaway's presence aboard; 5-601; 8-299 mitigation; 5-563, 601 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

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