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 3-76 permission to reapply, no-Continued 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 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- preference quota status under sec. 203 (a) return of nonimmigrant from overnight student, seeks entry as; in possession only of visitor visa; 13-251 waiver of documents to overcome: see waiver of documents Executive Agreement: 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 crewman denied landing privileges; ap- 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. 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; due diligence immaterial; 6-594 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 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 |