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object to the evidence against him, to present evidence in his own behalf, and to cross-examine witnesses presented by the Government; place the respondent under oath; read the allegations in the notice to the respondent and explain them in nontechnical language, and enter the notice and respondent's answer, if any, as exhibits in the record.

(3) Pleading by respondent. The special inquiry officer shall require the respondent to state for the record whether he admits or denies the allegations contained in the notice, or any of them, and whether he concedes that the approval of the petition by the school or school system for the attendance of nonimmigrant students should be withdrawn. If the respondent admits all of the allegations and concedes that the approval in his case should be withdrawn under the allegations set forth in the notice, and the special inquiry officer is satisfied that no issues of law or fact remain, he may determine that cause for withdrawal as alleged has been established by the respondent's admissions. The allegations contained in the notice shall be taken as admitted when the respondent, without reasonable cause, fails or refuses to attend or remain in attendance at the hearing.

(g) Decision and order. The decision of the special inquiry officer may be oral or written. Except when a determination of withdrawal is based on the respondent's admissions pursuant to paragraph (f) (3) of this section, the decision shall include a discussion of the evidence and findings as to withdrawal. The formal enumeration of findings is not required. The order shall direct either that the proceeding be terminated or that the approval be withdrawn.

(h) Notice of decision-(1) Written decision. A written decision shall be served upon the respondent and the trial attorney, together with the notice of the right to appeal pursuant to Part 103 of this chapter.

(2) Oral decision. An oral decision shall be stated by the special inquiry officer in the presence of the respondent and the trial attorney at the conclusion of the hearing. Unless appeal from the decision is waived, the respondent shall be furnished with Notice of Appeal, Form I-290B, and advised of the provisions of paragraph (j) of this section. A typewritten copy of the oral decision

shall be furnished at the request of the respondent or the trial attorney.

(i) Finality of order. The order of the special inquiry officer shall be final except when the case is certified to the regional commissioner as provided in Part 103 of this chapter or an appeal is taken to the regional commissioner by the respondent or the trial attorney.

(j) Appeals. Pursuant to Part 103 of this chapter, an appeal from a decision of a special inquiry officer under paragraph (g) of this section shall lie to the regional commissioner having jurisdiction over the district in which the proceeding was commenced. An appeal shall be taken within 15 days after the mailing of a written decision or the stating of an oral decision. The reasons for the appeal shall be stated briefly in the notice of appeal, Form I-290B; failure to do so may constitute a ground for dismissal of the appeal by the regional commissioner.

(k) Reopening or reconsideration. Except as otherwise provided in this section, a motion to reopen or reconsider shall be subject to the requirements of § 103.5 of this chapter. The special inquiry officer may upon his own motion, or upon motion of the trial attorney or the respondent, reopen or reconsider any case in which he has made a decision, unless jurisdiction in the case is vested in the regional commissioner under Part 103 of this chapter. A motion to reopen shall not be granted by a special inquiry officer unless he is satisfied that evidence sought to be offered is material and was not available and could not have been discovered or presented at the hearing.

[37 F.R. 17463, Aug. 29, 1972]

PART 215--CONTROLS UPON DEPARTURE OF PERSONS FROM AND ENTRY INTO THE UNITED STATES § 215.1 General.

Pursuant to Presidential Proclamation No. 3004 of January 17, 1953, the provisions of section 215 of the Act are in force and effect. The travel controls imposed upon citizens of the United States in time of war or national emergency are contained in 22 CFR Part 53. The controls imposed upon aliens departing from the United States are contained in 22 CFR Part 46.

(Sec. 103, 215, 66 Stat. 173, 190; 8 U.S.C. 1103, 1185) [32 F.R. 9626, July 4, 1967]

713

PART 221-ADMISSION OF VISITORS OR STUDENTS

§ 221.1 Admission under bond.

The district director having jurisdiction over the intended place of residence of an alien may accept a bond on behalf of an alien defined in section 101(a) (15) (B) or (F) of the Act prior to the issuance of a visa to the alien upon receipt of a request directly from a U.S. consular officer or upon presentation by an interested person of a notification from the consular officer requiring such a bond; such a bond also may be accepted by the district director with jurisdiction over the port of entry or preinspection station where inspection of the alien takes place. Upon acceptance of such a bond, the district director shall notify the United States consular officer who requested the bond, giving the date and place of acceptance and amount of the bond. All bonds given as a condition of admission of an alien under section 221(g) of the Act shall be executed on Form I-352. For procedures relating to bond riders, acceptable sureties, cancellation, or breaching of bonds, see Part 103 of this chapter.

(Sec. 101, 103, 221, 66 Stat. 166, 173, 191; 8 U.S.C. 1101, 1103, 1201) [32 F.R. 9626, July 4, 1967, as amended at 34 F.R. 1008, Jan. 23, 1969]

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An application for a reentry permit under the provisions of section 223 of the Act shall be submitted on Form I-131 by an applicant in the United States at least 30 days prior to the proposed date of departure. It shall be accompanied by the applicant's alien registration receipt card Form I-151, AR-3 or AR-103, or an application for a lost or destroyed card on Form I-90. A reentry permit shall not be issued unless the alien is in possession of or is being furnished Form I-151. Additional pages for the affixation of foreign visas may be attached to a valid reentry permit without formal application or fee. A reentry permit applicant who is a law

ful permanent resident alien, but who has an occupational status which would if he were seeking admission to the United States entitle him to a nonimmigrant status under section 101(a) (15) (A), (E), or (G), of the Act, may be issued a reentry permit only if he executes and submits with his application, or has previously executed and submitted, the written waiver on Form I-508 required by section 247(b) of the Act and Part 247 of this chapter, and, if applicable, Form I-508F (election as to tax exemption under the Convention between the United States and the French Republic) required by Part 247 of this chapter. The applicant shall be notified of the decision made on his application for a reentry permit and if the application is denied of the reasons therefor and of his right to appeal in accordance with the provisions of Part 103 of this chapter.

[29 F.R. 11493, Aug. 11, 1964, as amended at 32 F.R. 9626, July 4, 1967; 35 F.R. 13829, Sept. 1, 1970]

§ 223.2 Extensions.

An application for extension of a reentry permit shall be submitted on Form I-143 prior to the expiration of the reentry permit's validity to the office having jurisdiction over the applicant's place of residence in the United States, or to the immigration officer stationed outside the United States having jurisdiction over the place where the applicant is temporarily sojourning, or to an American consular officer in South America (except Venezuela), in those areas of Asia lying to the east of the western borders of Afghanistan and Pakistan (but not including Hong Kong and adjacent islands, Taiwan, Japan, Okinawa, Korea, and the Philippines), in Australia, New Zealand, Bulgaria, Czechoslovakia, Hungary, Iceland, Poland, Rumania, the Union of Soviet Socialist Republics, Yugoslavia, Iran, Iraq, Jordan, Saudi Arabia, Syrian Arab Republic, Yemen, Aden, Kuwait, United Arab Emirates, and in Africa (including the United Arab Republic) when the applicant is temporarily sojourning in one of the aforementioned places. A reentry permit extension application mailed during the permit's validity is considered as timely submitted, even though received by a Service or consular office after the permit's validity has expired. If the extension application is granted, the permit will be noted to show the extension

and returned to the applicant: if denied, the applicant shall be notified of the decision, and the permit returned to him if the remaining period of its validity permits its use for return to the United States. No appeal shall lie from a decision denying an application for extension of a reentry permit.

[29 F.R. 14432, Oct. 21, 1964, as amended at 37 F.R. 28046, Dec. 20, 1972]

§ 223.3 Expired permits.

Upon the expiration of the period of validity of a reentry permit, the permit shall be surrendered by the holder to the issuing office. If any such expired permit has not been surrendered to the Service, no subsequent reentry permit shall be issued to the same alien unless he shall first surrender the expired permit, or satisfactorily account for his failure so to do.

[26 F.R. 10928, Nov. 22, 1961]

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(a) Vessels. The master or agent of every vessel arriving in the United States from a foreign place or from an outlying possession of the United States, except one arriving directly from Canada on a voyage originating in that country or one arriving in the Virgin Islands of the United States directly from the British Virgin Islands on a voyage originating in the latter islands, must present a manifest of all alien pasengers on board to the immigration officer at the first port of arrival. For vessels that are given advance permission to use the procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) prepared for and presented by each alien passenger. In addition, a properly completed Form I-92 (Aircraft/ Vessel Report) recording the total number of passengers (including U.S. citizens) that embarked at each port en

route to the United States shall be presented by the master to the immigrant inspector at the first port of arrival in the United States. For vessels that are not given such advance permission the manifest shall be submitted on a Form 1-418, executed in accordance with the instructions on the reverse thereof, with a completely executed set of Forms I-94 prepared for and presented by each alien passenger except an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda.

(b) Aircraft. The captain or agent of every aircraft arriving in the United States from a foreign place or from an outlying possession of the United States, except one arriving directly from Canada on a flight originating in that country or one arriving in the Virgin Islands of the United States directly from the British Virgin Islands on a flight originating in the latter islands, must present a manifest in the form of a separate arrivaldeparture card (Form I-94) prepared for and presented by each alien passenger on board. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) recording the total number of passengers (including U.S. citizens) that embarked at each port en route to the United States shall be presented by the captain to the immigrant inspector at the first port of arrival in the United States. An arrival-departure card is not required for an arriving, through-flight passenger at a U.S. port from which he will depart directly to a foreign place or an outlying possession of the United States on the same flight, provided the number of such through-flight passengers is noted on the Bureau of Customs Form 7507 or on the International Civil Aviation Organization's General Declaration and such passengers remain during the ground time in a separate area under the direction and control of the Service.

(c) Deferred inspection. When inspection of an arriving passenger is deferred at the request of the carrier to another port of debarkation, the manifest relating to any such passenger shall be returned, together with a Form I-92 when the Form I-94 manifest procedure is used, for presentation by the captain, master, or agent at the port where inspection is to be conducted.

(d) Preparation of Arrival-Departure Card, Form I-94. When used either as an attachment to an arrival manifest on Form I-418 or as the basic arrival manifest document, the set of Forms I-94

presented for each alien passenger, except an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda, shall be completely executed. For an immigrant, a Canadian citizen, or a British subject residing in Canada or Bermuda, only the first four lines of the Form I-94 shall be completed. The Alien Registration Number shall be substituted for "passport number" on the Form I-94 presented for a returning lawful permanent resident of the United States.

[30 F.R. 6777, May 1965, as amended at 32 F.R. 9626, July 4, 1967; 32 F.R. 11517, Aug. 10, 1967; 34 F.R. 2601, Feb. 26, 1969]

§ 231.2 Departure manifests for passen

gers.

(a) Vessels. The master or agent of every vessel departing from the United States for a foreign place or an outlying possession of the United States, cxcept one departing directly to Canada on a voyage terminating in that country or one departing from the Virgin Islands of the United States directly to the British Virgin Islands on a voyage terminating in the latter islands, must present a manifest of all alien passengers on board to the immigration officer at the port of departure. For vessels that are given advance permisison to use the procedure, the manifest shall be in the form of a separate arrival-departure card (Form I-94) for each alien passenger. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) setting forth each port of disembarkation and the number of passengers (including U.S. citizens) destined thereto shall be submitted by the carrier to the immigration officer at the last port of departure in the United States. For vessels that are not given such advance permission, the manifest shall be submitted on a Form I-418, executed in accordance with the instructions on the reverse thereof, with a fully executed Form I-94 for each alien passenger except an alien permanent resident of the United States, a Canadian citizen, or a British subject residing in Canada or Bermuda. For departing alien nonimmigrants the Form I-94 given the alien at the time of his last admission to the United States should be utilized. Any alien registration receipt card on Form I-151 surrendered pursuant to Part 264 of this chapter shall be attached to the manifest. The presentation of the departure manifest on vessels making reg

ularly scheduled voyages to and from the United States may be deferred as follows: The Forms I-94 of departing nonimmigrant aliens, together with the name of the vessel and the date and place of departure, shall be presented to the immigration officer at the port of departure within 96 hours from the time of departure, exclusive of Saturdays, Sundays, and legal holidays. On those vessels using the Form I-94 manifest, the Forms I-94 of all departing passengers, other than United States citizens and nonimmigrant aliens, shall be presented to the immigration officer at the port of departure within 30 calendar days from date of departure. On vessels using the Form I-418 manifest, the Forms I-418, appropriately noted to show prior submission of Forms I-94, shall be presented to the immigration officer at the port of departure within 30 calendar days from date of departure. In the event a Form I-94 for a departing nonimmigrant alien is not submitted within the aforementioned 96 hour period, a completed Form I-94 for that person shall be attached to and shall be submitted with the departure manifest, accompanied by an explanation as to why timely presentation was not made; for good cause shown, such submission shall not be regarded as lack of compliance with section 231(d) of the Act.

(b) Aircraft. The captain or agent of every aircraft departing from the United States for a foreign place or an outlying possession of the United States, except one departing directly to Canada on a flight terminating in that country or onedeparting from the Virgin Islands of the United States directly to the British Virgin Islands on a voyage terminating in the latter islands, must present a manifest of all alien passengers on board. In addition, a properly completed Form I-92 (Aircraft/Vessel Report) setting forth each port of disembarkation and the number of passengers (including U.S. citizens) destined thereto shall be submitted by the carrier to the immigration officer at the last port of departure in the United States. Aircraft departing on regularly scheduled flights from the United States may defer presentation for a period not in excess of 48 hours. The manifest shall be in the form of a Bureau of Customs Form 7507 or the International Civil Aviation Organization's General Declaration, a Form I-92 and a separate arrival-departure card (Form I-94) for each alien passenger, except a.

through flight passenger for whom an arrival-departure card was not prepared upon arrival. An alien nonimmigrant departing on an aircraft proceeding directly to Canada on a flight terminating in that country should surrender any Form I-94 in his possession to the airline agent at the port of departure or to the Canadian immigration officer at the port of arrival in that country.

(c) Departure Forms I-94. When used either as an attachment to a departure manifest on Form I-418 or as the basic departure manifest, the Form I-94 executed on its face to reflect the items required by § 231.1(d) for each class of arriving passengers, shall have the "departure record" information endorsed on the reverse by the carrier.

[32 F.R. 9627, July 4, 1967, and 32 F.R. 11517, Aug. 10, 1967, as amended at 34 F.R. 2602, Feb. 26, 1969]

§ 231.3 Exemptions for private vessels and aircraft.

The provisions of this part relating to the presentation of arrival and departure manifests shall not apply to a private vessel or private aircraft not engaged directly or indirectly in the carriage of persons or cargo for hire. 132 F.R. 9627, July 4, 1967]

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When a district director has reasonable grounds for believing that persons arriving in the United States should be detained for reasons specified in section 232 of the act, he shall, after consultation with the United States Public Health Service at the port of entry, notify the master or agent of the arriving vessel or aircraft of his intention to effect such detention on board the arriving vessel, another vessel of the same transportation line, at the airport of arrival, or any other suitable place of detention. Such notice on Form I-259 shall indicate the names of the persons to be detained, the place of detention, and the reasons therefor. If the master or agent desires to assume responsibility during removal and deten~ tion, he shall so request the district director, and if granted, shall execute agreement Form I-259A or blanket agreement Form I-259B to assume such responsibility. Following determina

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When an immigration officer at the port of entry has reasonable grounds for believing that it would facilitate the inspection of persons arriving in the United States, if they were temporarily removed, he shall notify the master or agent of the arriving vessel or aircraft of his intention to effect their removal for examination. Such notice on Form I-259 shall indicate the names of the persons to be removed, the place to which they shall be removed, and the reasons therefor. If the master or agent desires to assume responsibility during removal and detention, he shall so request the district director at the port of entry, and, if granted, shall execute agreement Form I-259A or blanket agreement Form I-259B to assume such responsibility. Following determination of admissibility, the district director will ascertain the assessable detention expenses and bill or reimburse the master or agent.

[Secs. 103, 233, 66 Stat. 173, 197; 8 U.S.C. 1103, 1223) [22 F.R. 9519, Nov. 28, 1957]

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