Winchester, J. H., & Co., as agents for Costa Windward Islands Airways International. Yamashita Steamship Co., Ltd. Zim Israel Navigation Co., Ltd. [32 F.R. 9630, July 4, 1967, as amended at 32 F.R. 11628, Aug. 11, 1967; 32 F.R. 13755, Oct. 3, 1967; 32 F.R. 14274, Oct. 14, 1967; 32 F.R. 16200, Nov. 28, 1967; 32 F.R. 17651, Dec. 12, 1967; 33 F.R. 255, Jan. 9, 1968; 33 F.R. 3370, Feb. 27, 1968; 33 F.R. 4562, Mar. 15, 1968; 33 F.R. 7485, May 21, 1968; 33 F.R. 9332, June 26, 1968; 33 F.R. 10505, July 24, 1968; 33 F.R. 11354, Aug. 9, 1968; 33 F.R. 17136, Nov. 19, 1968; 34 F.R. 1008, Jan. 23, 1969; 34 F.R. 2602, Feb. 26, 1969; 34 FR. 5629, Mar. 26, 1969; 34 F.R. 7328, May 6, 1969; 34 F.R. 9962, June 28, 1969; 34 F.R. 14761, Sept. 25, 1969; 34 F.R. 18085, Nov. 8, 1969; 34 F.R. 19799, Dec. 18, 1969; 35 F.R. 4325, Mar. 11, 1970; 35 F.R. 6643, Apr. 25, 1970; 35 F.R. 9246, June 13, 1970; 35 F.R. 13829, Sept. 1, 1970; 35 F.R. 16361, Oct. 20, 1970; 36 F.R. 1247, Jan. 27, 1971; 36 F.R. 8294, May 4, 1971; 36 F.R. 11636, June 17, 1971; 36 F.R. 16646, Aug. 25, 1971; 36 F.R. 23619, Dec. 11, 1971; 36 F.R. 23866, Dec. 16, 1971; 37 F.R. 2767, Feb. 5, 1972; 37 F.R. 3745, Feb. 19, 1972; 37 FR. 7584, Apr. 18, 1972; 37 F.R. 12380, June 23, 1972; 37 F.R. 14288, July 19, 1972; 37 F.R. 15419, Aug. 2, 1972; 37 F.R. 17462, Aug. 29, 1972; 37 F.R. 22725, Oct. 21, 1972] § 238.4 Preinspection outside the United States. The following transportation lines have entered into agreements on Form I-425 for the preinspection of their passengers and crews at places outside the United States: American Flyers Airline Corp. Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines). Eagle Airways (Bermuda) Ltd. Eastern Provincial Airways (1963) Limited. Ozark Air Lines, Inc. Pan American World Airways, Inc. Quebecair. Saturn Airways, Inc. Trans World Airlines, Inc. Air Canada. [32 F.R. 9630, July 4, 1967, as amended at 32 F.R. 11628, Aug. 11, 1967; 32 F.R. 13755, Oct. 3, 1967; 32 F.R. 15469, Nov. 7, 1967; 32 F.R. 16200, Nov. 28, 1967; 33 F.R. 4562, Mar. 15, 1968; 33 F.R. 10505, July 24, 1968; 33 F.R. 15200, Oct. 11, 1968; 33 F.R. 17136, Nov. 19, 1968; 34 F.R. 1586, Feb. 1, 1969; 34 F.R. 2602, Feb. 26, 1969; 34 F.R. 5629, Mar. 26, 1969; 34 F.R. 6036, Apr. 3, 1969; 34 F.R. 9061, June 7, 1969; 34 F.R. 9962, June 28, 1969; 34 F.R. 12377, July 29, 1969; 34 F.R. 14761, Sept. 25, 1969; 34 F.R. 18086, Nov. 8, 1969; 34 F.R. 19799; Dec. 18, 1969; 35 F.R. 581, Jan. 16, 1970; 35 F.R. 4325, Mar. 11, 1970; 35 F.R. 6643, Apr. 25, 1970; 35 F.R. 7285, May 9, 1970; 35 F.R. 7638, May 16, 1970; 35 F.R. 17323, Nov. 11, 1970; 36 F.R. 11636, June 17, 1971; 36 F.R. 14630, Aug. 7, 1971; 36 F.R. 18784, Sept. 22, 1971; 36 F.R. 23866, Dec. 16, 1971; 37 F.R. 12380, June 23, 1972; 37 F.R. 28046, Dec. 20, 1972] As used in this part, the term "scheduled airline" means any individual, partnership, corporation, or association engaged in air transportation upon regular schedules to, over, or away from the United States, or from one place to another in the United States, and holding a Foreign Air Carrier Permit or a Certificate of Public Convenience and Necessity issued pursuant to the Federal Aviation Act of 1958 (72 Stat. 731). [22 F.R. 9795, Dec. 6, 1957, as amended at 24 FR. 2584, Apr. 2, 1959] § 239.2 Landing requirements. (a) Place of landing. Aircraft carrying passengers or crew required to be inspected under the Act shall land at the international air ports of entry enumerated in Part 100 of this chapter unless permission to land elsewhere shall first be obtained from the Commissioner of Customs in the case of aircraft operated by scheduled airlines, and in all other cases from the district director of Customs or other Customs officer having jurisdiction over the Customs port of entry nearest the intended place of landing. Whenever permission is granted to land at other than a designated international air port of entry, the owner, operator, or person in charge of the aircraft shall pay any additional expenses incurred in inspecting passengers or crew on board such aircraft, except that when permission is granted to a scheduled airline to land an aircraft operating on a schedule, no inspection charge shall be made for overtime service performed by immigration officers if the aircraft arrives substantially in accordance with schedules on file with the Service. district director of Customs or other Customs officer in charge at such place. Such notice shall specify the type of aircraft, the registration marks thereon, the name of the aircraft commander, the place of last departure, the airport of entry, or other place at which landing has been authorized, number of alien passengers, number of citizen passengers, and the estimated time of arrival. The notice shall be sent in sufficient time to enable the officers designated to inspect the aircraft to reach the airport of entry or such other place of landing prior to the arrival of the aircraft. (c) Permission to discharge or depart. Aircraft carrying passengers or crew required to be inspected under the Immigration and Nationality Act shall not discharge or permit to depart any passenger or crewman without permission from an immigration officer. (d) Emergency or forced landing. Should any aircraft carrying passengers or crew required to be inspected under the Immigration and Nationality Act make a forced landing in the United States, the commanding officer or person in command shall not allow any passenger or crewman thereon to depart from the landing place without permission of an immigration officer, unless such departure is necessary for purposes of safety or the preservation of life or property. As soon as practicable, the commanding officer or person in command, or the owner of the aircraft, shall communicate with the nearest immigration officer and make a full report of the circumstances of the flight and of the emergency or forced landing. (22 F.R. 9795, Dec. 6, 1957, as amended at 32 F.R. 9631, July 4, 1967] § 239.3 Aircraft; how considered. Except as otherwise specifically provided in the Immigration and Nationality Act and this chapter, aircraft arriving in or departing from the continental United States or Alaska directly from or to foreign contiguous territory or the French island of St. Pierre or Miquelon shall be regarded for the purposes of the Immigration and Nationality Act and this chapter as other transportation lines or companies arriving or departing over the land borders of the United States. Aliens on aircraft arriving overland in foreign contiguous territory on journeys which did not begin outside of North or South America or islands belonging to countries or to political subdivisions of these continents shall not be held to be subject to section 212(a) (24) of the Immigration and Nationality Act. § 239.4 International airports for entry of aliens. International airports for the entry of aliens shall be those airports designated as such by the Commissioner. An application for designation of an airport as an international airport for the entry of aliens shall be made to the Commissioner and shall state whether the airport (a) has been approved by the Secretary of Commerce as a properly equipped airport, (b) has been designated by the Secretary of the Treasury as a port of entry for aircraft arriving in the United States from any place outside thereof and for the merchandise carried thereon, and (c) has been designated by the Secretary of Health, Education, and Welfare as a place for quarantine inspection. An airport shall not be so designated by the Commissioner without such prior approval and designation, and unless it appears to the satisfaction of the Commissioner that conditions render such designation necessary or advisable, and unless adequate facilities have been or will be provided at such airport without cost to the Federal Government for the proper inspection and disposition of aliens, including office space and such temporary detention quarters as may be found necessary. The designation of an airport as an international airport for the entry of aliens may be withdrawn whenever, in the judgment of the Commissioner, there appears just cause for such action. PART 241-JUDICIAL RECOMMENDATIONS AGAINST DEPORTATION § 241.1 Notice; recommendation. For the purposes of clause 2 of section 241(b) of the Act, notice to the district director having administrative jurisdiction over the place in which the court imposing sentence is located shall be regarded as notice to the Service. The notice shall be transmitted to the district director by the court, a court official, or by counsel for the prosecution or the defense, at least 5 days prior to the court hearing on whether a recommendation against deportation shall be made. If less than 5 days' notice is received and sufficient time remains to prepare proper representations, due notice shall be regarded as having been made. When less than 5 days' notice is received and sufficient time is not available to prepare proper representations, but the 30-day statutory period will expire before proper representations can be prepared, an objection shall be interposed to the recommendation against deportation on the ground that due notice was not received. If the notice is received after the running of the 30-day statutory period, it shall be regarded as an invalid notice and whatever Service proceedings are warranted shall be instituted irrespective of the recommendation against deportation. The district director, or an official acting for him, in presenting representations to the court, shall advise the court the effect a favorable recommendation would have upon the alien's present and prospective deportability. A recommendation against deportation by the sentencing court made to the district director receiving the notice shall be regarded as made to the Attorney General. (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) [32 F.R. 11517, Aug. 10, 1967] Sec. 242.22 Reopening or reconsideration. 242.23 Proceedings under section 242 (1) of the Act. AUTHORITY: The provisions of this Part 242 issued under secs. 103, 242, 244, 292, 66 Stat. 173, 208, as amended, 214, 235; 8 U.S.C. 1103, 1252, 1254, 1362. § 242.1 Order to show cause and notice of hearing. (a) Commencement. Every proceeding to determine the deportability of an alien in the United States is commenced by the issuance and service of an order to show cause by the Service. In the proceeding the alien shall be known as the respondent. Orders to show cause may be issued by district directors, acting district directors, deputy district directors, and officers in charge at Albany, N.Y.; Cincinnati, Ohio; Dallas, Tex.; Hammond, Ind.; Houston, Tex.; Milwaukee, Wis.; Norfolk, Va.; Pittsburgh, Pa.; Providence, R.I.; San Diego, Calif.; Salt Lake City, Utah; St. Louis, Mo.; Spokane, Wash. (b) Statement of nature of proceeding. The order to show cause will contain a statement of the nature of the proceeding, the legal authority under which the proceeding is conducted, a concise statement of factual allegations informing the respondent of the acts or conduct alleged to be in violation of the law, and a designation of the charges against the respondent and of the statutory provisions alleged to have been violated. The order will require the respondent to show cause why he should not be deported. The order will call upon the respondent to appear before a special inquiry officer for hearing at a time and place stated in the order, not less than seven days, after the service of such order, except that where the issuing officer, in his discretion, believes that the public interest, safety, or security so requires, he may provide in the order for a shorter period. The issuing officer may, in his discretion, fix a shorter period in any other case at the request of and for the convenience of the respondent. (c) Service. Service of the order to show cause shall be accomplished by personal service. When personal delivery of an order to show cause is made by an immigration officer, the contents of the order to show cause shall be explained and the respondent shall be advised that any statement he makes may be used against him. He shall also be advised of his right to representation by counsel of his own choice at no expense to the Government. [22 F.R. 9796, Dec. 6, 1957, as amended at 37 F.R. 11470, June 8, 1972; 37 F.R. 28046, Dec. 20, 1972] § 242.2 Apprehension, custody, and detention. (a) Warrant of arrest. At the commencement of any proceeding under this part, or at any time thereafter and up to the time the respondent becomes subject to supervision under the authority contained in section 242 (d) of the Act, the respondent may be arrested and taken into custody under the authority of a warrant of arrest. However, such warrant may be issued by no one other than a district director, acting district director, or deputy district director, and then only whenever, in his discretion, it appears that the arrest of the respondent is necessary or desirable. If, after the issuance of a warrant of arrest, a determination is made not to serve it, any district director, acting district director, or deputy district director may authorize its cancellation. When a warrant of arrest is served under this part, the respondent shall have explained to him the contents of the order to show cause, the reason for his arrest and his right to be represented by counsel of his own choice at no expense to the Government. He shall be advised that any statement he makes may be used against him. He shall also be informed whether he is to be continued in custody or, if release from custody has been authorized, of the amount and conditions of the bond or the conditions under which he may be released. A respondent on whom a warrant of arrest has been served may apply to the district director, acting district director, or deputy district director for release or for amelioration of the conditions under which he may be released. The district director, acting district director, or deputy district director, when serving the warrant of arrest and when determining any application pertaining thereto, shall furnish the respondent with a notice of decision, which may be on Form I-286, indicating whether custody will be continued or terminated, specifying the conditions, if any, under which release is permitted, and advising the respondent appropriately whether he may apply to a special inquiry officer pursuant to paragraph (b) of this section for release or modification of the conditions of release or whether he may appeal to the Board. A direct appeal to the Board from a determination by a district director, acting district director, or deputy district director shall not be allowed except as authorized by paragraph (b) of this section. (b) Authority of special inquiry oficers; appeals. After an initial determination pursuant to paragraph (a) of this section, and at any time before a deportation order becomes administratively final, upon application by the respondent for release from custody or for amelioration of the conditions under which he may be released, a special inquiry officer may exercise the authority contained in section 242 of the Act to continue or detain a respondent in, or release him from, custody, and to determine whether a respondent shall be released under bond, and the amount thereof, if any. Application for the exercise of such authority may be made to any available special inquiry officer who is stationed at the Service office which has administrative jurisdiction over the proceeding under the order to show cause or who conducts hearings there. If no such special inquiry officer is available, application may be made to any available special inquiry officer stationed in the region wherein said Service office is located. The determination of the Special inquiry officer in respect to custody status or bond shall be entered on Form I-342 at the time such determination is made and shall be accompanied by a memorandum by the special inquiry officer as to the reasons for his determination. The special inquiry officer shall promptly notify the respondent and the Service of such determination. Consideration under this paragraph by the special inquiry officer of an application or request of an alien regarding custody or bond shall be separate and apart from any deportation hearing or proceeding under this part, and shall form no part of such hearing or proceeding or of the record thereof. The determination of the special inquiry officer as to custody status or bond may be based upon any information which is available to the special inquiry officer, or which is presented to him by the alien or the Service. The alien and the Service may appeal to the Board of Immigration Appeals from any such determination. After a deportation order becomes administratively final, the respondent may appeal directly to the Board from a determination by the district director, |