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legislation enacted during parole of alien; effect
on admissibility; 9-170

mentally incompetent alien; fair hearing; 11-329
place to which deportable; see Place of deporta-
tion

recommendation of court against deportation,
effect in exclusion proceedings; 3-236; 6-709;
9-121

returning resident alien:

admissibility determined in exclusion (not
dep.) hearing; 5-312

admissibility determined under law in effect
on date of issuance of reentry permit; 5-183;
7-229

marriage on which entry for permanent
residence based annulled ab initio; 7-565
right to hearing; 5-712

stowaway; right to hearing; 5-712
Exclusion grounds:

affliction, physical or mental; exemption, wife of
citizen, 1917 Act; sec. 22; 2-183

assisted alien; passage, reimbursement of society
for; 1-111

certification of Sec. of Labor; sec. 212(a)(14),

1952 Act, as amended:

bona fide intent to work in U.S.; necessity of
establishing; 11-751

certification (cook's helper) cannot be made
(Schedule B; 29 CFR 60); 11-781
commuter; effect on status of; 9-591
immigrant, "special", financially secure, who
intends to continue college studies; 11-674
ineligible employer replaced by eligible one
after receipt of visa; effect; 9-387
landscape gardener, self-employed; 11-630
necessity of; sec. 245 applicant employed in
U.S. full time for 4 years; 11-756
constitutional psychopathic inferiority, person
of; sec. 3, 1917 Act:

homosexual; 11-436
contract labor:

baker, supervisory; 8-371

cook, 'supervisory; 8-371

dancer, professional; chorus member; 1-593
employment previously acquired while in
U.S. on visit; 2-374

hockey player, professional; 1-264
moving van helper, international; 3-750
primary purpose of entry as factor; 3-365
restaurant manager; 8-371

singer, professional; 1-682

skiing instructor; 1--198

crime, admission or conviction (see also Convic-
tion of crime; Crime, admission of commis-
sion; Crimes involving moral turpitude;
Moral turpitude; Pardon; Sentenced to
confinement):

American Indians born in Canada; 3-300
convicted after entry of crime committed
prior to entry; 2-172

convicted by foreign court martial; 8-469
convicted while a U.S. citizen; 5-678
conviction of forgery and uttering constitutes
single crime; 10—747

essential elements, acts constituting; see Crime,
admission of commission: essential elements,
acts constituting

crime, admission or conviction-Continued
pardon, effect of; 6-90

pardon, foreign; effect; 7-166

petty offenses:

benefits of sec. 4, 1954 Act; applicability;.
6-738; 7-147

benefits of sec. 4; applicability where alien
committed 2 offenses-one offense ex-
punged, sec. 1203.4, Calif. Penal Code;
7-495

benefits of sec. 4; effect on disabilities flowing:
from conviction; 7-147

classification of offenses committed abroad;
6-508

disorderly conduct (jostling), New York;
6-762

embezzlement, aggravated; Italy; 10-593
offense punishable by divisible statute;
classification; 7-153; 9-280

"otherwise admissible" requirement; 9-280,
petty larceny, Illinois; 6-331

petty theft, Texas; 6-435

proviso as to "only one such offense";
6-435; 7-495; 9-218

punishment "actually imposed", determi-
nation of; 8-4

punishment actually imposed less than 6.
mos.; maximum sentence provided by
State statute exceeds 1 year; 8-488
receiving stolen property; Illinois; 11-239
robo and lesiones, Mexico; 10-7

sentenced to imprisonment for more than,
6 months; 8-453

political offense; 4-108

recommendation against deportation, effect;
6-709

suspension of execution of sentence as factors.
3-569

time of admission, requirement; 5-676
two crimes before 18th birthday; 1952 Act;.
5-639

waiver of:

alien at liberty under sentence-imposed
bond; 10-755

alien convicted of continued extortion in
operation resembling organized criminak
band; 11-21

alien's marriage to wife on whom hardship
claim based did not exist at time of last
entry; ineligible; 11-259

authority of SIO to grant in exclusion pro--
ceedings; 11-175

"extreme hardship"; determination of;
11-560, 635

nunc pro tunc in dep. proc.; question of;
11-259

pattern of responsible conduct and mar-
riage stability now reflected; 11-560
departure to avoid armed forces duty:
after induction; 2-482; 3-265

age, below (few days before 18th birthday);.
2-417

desertion from armed forces; 2-482; 3-266;.
11-501

draft delinquents; 2-420

liability for duty as factor; 2-282, 401, 417

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concealment of arrests; 9-623

concealment of arrest and conviction; 6-813
concealment of Communist Party member-
ship; 9-627

concealment of criminal conviction, crime

concealed subsequently pardoned; 7-508
concealment of police record; 6-584
conspiracy conviction re entry by misrepre-

sentation; doctrine of estoppel inoperative
to sustain ground absent specific findings
by court; 10-214

extensions of stay as "documentation"; 6-315
failure to disclose prior deportation; 7-161;
10-231

failure to divulge prior unlawful residence
in U.S.; 7-306

failure to reveal arrest and pending criminal
proceeding; 9-506

failure to reveal C.P. membership; claim not
ideologically a Communist, as defense
against willfulness of misrepresentation;
9-570

false letter of employment; alien commuter;
11-738

false statements by nonimmigrant student as
to financial status; 8-394

forged affidavit of support; 7-464

fraud, distinguished from "willful misrep-
resentation;" 7-161

marital status, concealment of relevant facts;
7-182; 11-196

materiality of misrepresentation; 7-40, 76,
222; 8-134, 473; 9-602, 623, 627, 636; 10-409
materiality of misrepresentation; criteria for
determining; 9-436

misrepresentation as to identity; 9-602, 636;
10-87, 109

misrepresentation cut off relevant inquiry;

burden on alien to establish true facts; 9-436
"other documentation" defined; 7-486
procurement of documentation; 7-73
procurement of documents for another; 6-259
procurement of laborer's permit in name of
another; 6-164; 7-233

purchase of entry document from private

individual; 9-324

retrospective and prospective application;
6-149, 752

spurious offer of employment; 10-409

waiver of:

authority of SIO to grant in exclusion pro-
ceedings; 11-175

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exempted persons; 2-260

lawful permanent resident, returning; 3-159
mainland, coming from Hawaii or Guam;
Puerto Rican residents; 3-159

religious persecutee; 1-280; 2-260; 3-801
test, kind of; 2-620

immoral purpose; 1-71, 218, 373; 3-218; 5-185;
6-444

ineligible to citizenship (see also Ineligibility to
citizenship):

armed forces deserter in wartime; effect of
possible repatriation under sec. 349(a) (8);
6-698

claim of exemption from military service on
basis alienage; 9-720

generally (aliens claiming exemption from serv-
ice in armed forces on account of alienage);
2-545, 858: 3-249; 5-106, 206, 301; 6-766
permanent resident of Puerto Rico visiting
continental U.S.; 5-441

reentry permit issued after Dec. 24, 1952;
7-229

reentry permit issued prior to Dec. 24, 1952;
5-183

insanity, prior attack; evidence; 2-68; 8-12
mental defect temporary illness due to wartime
experiences; 8-646

narcotic drug addict:

conviction under sec. 11721, Calif. Health &
Safety Code: 6-374

narcotics, offenses relating to (see also Deporta-
tion grounds: narcotics, offenses relating to):
conviction after Feb. 18, 1931; 1-293
conviction in 1935, sentence suspended; 3-387
conviction in 1947; recommendation against
deportation, effect; 1952 Act; 6-709
conviction prior to Feb. 18, 1931; 2-406
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

nonsignatory line, brought to contiguous ter-
ritory via:

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

seaman, brought as; 1-115

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

passport, no:

entry in 1922; 6-540

passport, no valid:

authority of issuing officer; 6-584

passport valid date of arrival (prior to Dec.
24, 1952); final determination admissibility
delayed; 7-1

pauper, definition; 2-131

permission to reapply, no (after deportation):
agricultural laborer (8 CFR 115.2); 1-624

245-235-67-62

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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 mis-
representation; Immigrant; Nonimmigrant):
AR Card presented upon reentry from Mexico
in 1961 following visit to 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

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

visa charge (see also Deportation grounds)—
Continued

fraud, obtained by-Continued

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 border-crossing
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

sec. 101 (a) (27) (E); arrival after Dec. 24,
1953; 6-172

showing of fraud not essential to support
charge; 8-500

preference quota status under sec. 203(a) (1)
(B), 1952 Act, arrival subsequent to spouse
(principal alien); 5-722

waiver of documents to overcome; see Waiver
of documents

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Fair hearing-Continued

brief, right to file before hearing officer's decl-
sion; 5-651

charges lodged, failure to furnish factual allega-

tions; 7-443

cross-examination, limitation by hearing of-
ficer; 5-60

cross-examination of Govt. witness, curtailment
of by SIO; 9-646

cross-examination precluded by failure to pro-
duce available witnesses after acceptance
of their recorded testimony; 6-300
defects in original hearing, cure of; 9-225
discretionary relief, denial where alien not
apprised fully of basis therefor; 3-714

er post facto provisions; 5-261

failure to warn of possible self-incrimination;
4-720; 5-306

hearing officer, qualifications; 5-175

hearing officer's qualifications, ruling on chal-

lenge alleging bias or prejudice; 5-347
hearing officer, substitution of; 5-743
hearing under regulations pursuant to Internal
Security Act of 1950 in proceedings com-
menced prior thereto; 4-556

husband of alien, adverse testimony by; 5-738
mentally incompetent alien, exclusion proceed-
ings; 11-329

place of hearing; 5-347

prejudgment, claim of; 11-351, 565
public, hearing open to; 5-261

refusal of hearing officer to subpoena Service
records; 6-415

refusal of special inquiry officer to defer dec.
in dep. proc. pending obtainment of Sec. of
Labor certification and action by DD on VP;
11-592

refusal of special inquiry officer to permit alien
to testify regarding alleged unlawful arrest
and search; 7-271

refusal of special inquiry officer to receive evi-
dence re alienage where sec. 503 suit dismissed
without entry final order; 8-244
refusal of special inquiry officer to subpoena
Govt. officials; 11-565

refusal to permit alien's counsel to review Service
character investigation report; 11-565
special inquiry officer, hearing by; 5-392, 589
special inquiry officer, right to question alien's
witnessess; 5-312

stenographer also acted as interpreter; 5-242
testimonial statements not used at hearing; in-
spection by alien of; 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 na-
tionality; 3-674

Felatio, crime involving moral turpitude; 2-317

Filipino (see also Deportation: Filipino; Philippine
Islands); for immigration purposes; 2-340;
3-155, 184, 396; 4-569; 7-201

Fine:

afflicted alien, etc., bringing:

admission of alien temporarily under 9th pro-
viso 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 dili
gence, psychiatric examination; 6-467
waiver of documentary requirements; effect
on liability; 7-209

Air Commerce Act violation, amount of fine;
6-570

crew lists, manifests:

clerical errors; liability after repeated violations
and warnings; 7-403

departure, on; vessel sold after arrival; sec. 36,

1917 Act; 3-546

departure, on; sec. 36, 1917 Act; 3-54, 338, 341,
546

departure, on; original sailing of vessel; 1-493
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; 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 deporta-
tion 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
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; 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, 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

detention or deportation of crewmen-Con.

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 responsible parties
for; 1-4:8, 555

intention of seaman to depart with vessel 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
multiple violations by same crewman, single
trip; 9-6

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

subsequent return to vessel before sailing;
1-523, 578; 2-1, 672; 4-228

vessel owned by U.S. Govt. agency; 2-571
vessel, return of, with seaman whose deporta-
tion 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 dis-

cretion; 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; destina-

tion, ability to determine as factor; 4-51
passage money, refund of; paroled alien ad-
justed status by departing to contiguous
territory: 4-657

reasonable diligence; false claim of U.S. citizen-
ship; 1-261; 3-111, 234

reasonable diligence; possession of improper
visa; 1-87

returning resident, admission of, as defense;
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 warn-
ings; 8-694

failure to file timely manifest allegedly occa-
sioned 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 admis-
sion as visitor; 2-425

paying off or discharging crewman; sec. 256,
1952 Act:

agent's liability; 5-567; 6-518

paying off or discharging crewman; sec. 256;
1952 Act-Continued

crewman concomitantly re-signed ship's
articles with new owner; 8-366

crewman, without termination of services and
with intent to return to vessel, departed
U.S. temporarily; 9—272

mitigation, not warranted merely because
crewman departed; 5-663

proof of discharge; 5-663

Military Sea Transportation Service (U.S.
Navy vessel); 5-572

separate penalty per crewman under statute.
not per vessel; 10-391
stricken at sea; 7-215

transfer to another vessel without permission;
6-311

vessel touring U.S. in motion picture pro-
motional 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

disappearance after initial inspection;
5-482; 6-594

due diligence immaterial; 6-591
stowaway concealed on vessel; "landing"
not effected; 8-323

sec. 239, 1952 Act:

maximum penalty, multiple violations;
7-584

mitigation; 11-73

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

failure to deliver manifest; 5-601; 8-19
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

United States, aircraft under contract to; 6-819
United States, vessels owned and operated by;
2-571; 5-572

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
alien crewmen not within sec. 273(a); 6-112
alien stowaway not within sec. 273(a); 7-509
Canadian common carrier; bringing Canadian
citizens destined to U.S.; 7-329

contract under sec. 238(d), violation of; 6-570
evidence; admissibility, even tho may teni
impeach exclusion order; 10-240

liability fixed by regulation in effect at time of
bringing; 7-704

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