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mentioned in section 19 (d) of the said Act. A continuance of the hearing for the purpose of obtaining counsel shall not be granted more than once, unless sufficient cause for the granting of more time is shown.

(d) Hearing; representation by counsel. If counsel be selected, he shall be permitted to be present during the hearing, to offer evidence to meet any evidence presented or adduced by the Government, and to cross-examine witnesses called by the Government. Counsel shall be permitted to state his objections succinctly, and they shall be entered on the record. Argument of counsel in support of his objections shall be excluded from the record. Counsel, however, may submit such argument in the form of a brief to accompany the record.

(e) Hearing; where representation by counsel waived. If representation by counsel be waived, the alien shall be permitted to offer evidence to meet any evidence presented or adduced by the Government, to cross-examine witnesses called by the Government, and to make objections, which shall be entered on the record, but his arguments in support of the objections may, in the discretion of the presiding inspector be excluded from the record, in which event, however, the alien shall be permitted to submit such arguments in writing to accompany the record.

(f) Hearing; interpreters. Where the services of an interpreter are found necessary in the conduct of a hearing, the interpreter, if not an employee of the Service, shall be sworn to interpret and translate accurately.

(g) Hearing; application for departure in lieu of deportation or for suspension of deportation. At any time during the hearing the alien may give notice that he wishes to apply for the privilege of departing from the United States to any country of his choice at his own expense in lieu of deportation or for suspension of deportation under the provisions of section 19 (c) of the Immigration Act of 1917, as amended. Such application may be made in the alternative for either type of relief, and a request for the privilege of preexamination may be made in conjunction with a request for the privilege of departure in lieu of deportation. The alien's application shall be made in writing under oath or affirmation on Form I-255 accompanied by General Information Form I-55, duly verified, which shall be filed in duplicate with the presiding inspector. The original copy of such application and General Information Form, when received, shall be attached to and made a part of the record. The alien shall be warned that any statements made by him in such application or General Information Form may be used as evidence in any proceeding to determine his right to enter, reenter, pass through or reside in the United States and that false answers to any of the questions in such application or General Information Form may bar him from the relief which he requests. The presiding inspector may in his discretion assist the alien in filling out the General Information Form by explaining the questions to him, or he may ask the alien each question directly and record his answer upon the form, or he may require the alien to fill out the form and submit it

to him within a reasonable period of time after the conclusion of the hearing. Explanations during the hearing or the reading of questions from the General Information Form need not be made a part of the record of the hearing.

(h) Hearing; order in which evidence shall be presented. The presiding inspector or examining inspector when interrogating the alien at the hearing, shall develop in order (1) the facts concerning his alienage and (2) the evidence relating to the charges in the warrant of arrest or to any additional charges applicable. If the alien has applied or given notice of intention to apply for the privilege of departure in lieu of deportation or for suspension of deportation as provided in §§ 150.6 (g), 150.8 (b), or 150.10 of this Part, the presiding inspector shall inquire thoroughly into all questions relating to the alien's eligibility to the relief requested insofar as such inquiry is necessary to supplement the General Information Form.

(i) Hearing; use of statements or admissions made during investigation. A recorded statement made by the alien (other than a General Information Form) or by any other person during an investigation may be received in evidence only if the maker of such statement is unavailable or refuses to testify at the warrant hearing or gives testimony contradicting the statements made during the investigation. An affidavit of an inspector as to the statements made by the alien or any other person during an investigation may be received in evidence, otherwise than in support of the testimony of the inspector, only if the maker of such statement is unavailable or refuses to testify at the warrant hearing or gives testimony contradicting the statement and the inspector is unavailable to testify in person.

(j) Hearing; record to contain personal history. All records of hearings shall fully set forth, either in the General Information Form if filed or otherwise, the name or names of the alien (correctly spelled); place of the alien's birth; the name of the nearest town of importance to such place of birth; the province and country in which such place is located; the alien's religion; the names and locations of churches or schools he has attended; the last address of the alien in his native country, in the country of which he is a citizen or subject, and in the country in which he has last resided; the country in which he embarked for the United States or for foreign contiguous territory; correct names and addresses and the citizenship or nationality of the alien's nearest relatives residing in the country of his birth, and correct names and addresses of all near relatives residing in the United States. (k) Hearing; physical or mental disability cases; record to contain medical certificate. The record of the hearing accorded an alien who is suffering from any mental or serious physical disability shall be supplemented by a medical certificate showing (a) whether such alien is in condition to be deported without danger to life or health, and (b) whether he will require special care and attention in case of deportation overseas.

(1) Hearing; additional charges. If, during the hearing, it shall appear to the presiding inspector that there exists a reason

additional to those stated in the warrant of arrest why the alien is subject to deportation, he shall notify the alien that such additional charge is lodged against him, and shall proceed with the hearing upon such charge in like manner as on charges contained in a warrant of arrest.

(m) Hearing; alien to be warned of disabilities respecting reentry to the United States. Before the hearing is concluded, the alien shall be warned by the presiding inspector that the Act of March 4, 1929, as amended, provides that any alien who, after arrest and deportation or departure from the United States in pursuance of an order of deportation, enters or attempts to enter the United States, shall be guilty of a felony, and upon conviction shall be liable to imprisonment for not more than two years or a fine of not more than $1,000, or both such fine and imprisonment, unless such entry or attempted entry is made after one year from the date of such departure or deportation, and the alien, prior to his reembarkation at a place outside of the United States or prior to his application in foreign contiguous territory for admission to the United States, has been granted by the Attorney General permission to reapply for admission to the United States.

(n) Hearing; assignment of examining inspector in addition to presiding inspector; duties of inspectors. The officer in charge of the district in which the hearing is to be held may, in his discretion, assign a second immigrant inspector to act at the hearing as the "examining inspector." The examining inspector shall conduct the actual interrogation of the alien and of the witnesses in behalf of the Government and the examination or crossexamination of the alien's witnesses, present such evidence as is necessary to support the charges in the warrant of arrest, lodge such additional charges as he may find applicable in the manner hereinbefore directed, and, if the alien has applied for the privilege of departure in lieu of deportation or for suspension of deportation as provided in §§ 150.6 (g), 150.8 (b), or 150.10 of this Part, inquire thoroughly into the alien's eligibility for such relief. The presiding inspector in such cases, shall exercise all functions not herein assigned to the examining inspector, and he may, in addition, take such part in the interrogation of the alien and witnesses as he may deem necessary to assure that a proper hearing is accorded to the alien.* (Sec. 19, 39 Stat. 889, 54 Stat. 671; 8 U. S. C. 155; Sec. 1, 45 Stat. 1551, 46 Stat. 41, 47 Stat. 166; 8 U. S. C. 180, 181)

150.7 (a) Proposed findings, conclusions and order; preparation by presiding inspector. As soon as practicable after the hearing has been concluded, the presiding inspector shall prepare a memorandum setting forth a summary of the evidence adduced at the hearing, his proposed findings of fact and conclusions of law, and a proposed order.

(b) Proposed findings, conclusions and order; eligibility for departure in lieu of deportation or for suspension of deportation. If the alien has applied for the privilege of departure in lieu of deportation or for suspension of deportation as provided in §§ 150.6 (g), 150.8 (b) or 150.10 of this Part, the presiding inspector

*For statutory citation, see note to § 150.1.

shall follow his conclusions of law as to the alien's deportability with a discussion of the evidence relating to the alien's eligibility for such relief and of his reasons for his proposed order. He shall then state in numbered paragraphs his proposed findings of fact and his proposed conclusions of law as to the alien's eligibility for the relief requested.

(c) Proposed findings, conclusions and order; proposed order. In the proposed order the presiding inspector shall recommend cancelation of the proceedings, deportation, departure under order of deportation, departure in lieu of deportation, or suspension of deportation in accordance with the judgment he has made on the basis of the evidence adduced at the hearing.

(d) Proposed findings, conclusions and order; service of findings of presiding officer. A copy of the presiding inspector's memorandum containing his discussion of the evidence, proposed findings of fact, proposed conclusions of law and proposed order shall be furnished to the alien or his counsel in all instances by personal service, if practicable, otherwise by registered mail, and a return receipt therefor shall be obtained. A copy also shall be furnished to the examining inspector, if an examining inspector has been assigned to the case.

(e) Proposed findings, conclusions and order; filing of exceptions. The alien or his counsel or representatives shall be allowed by the officer in charge a reasonable time (not to exceed 10 days except on showing of good cause that more time is necessary) in which to file exceptions to the proposed findings, conclusions, and order of the presiding inspector and to submit a brief, if desired. Reasonable extensions of time for the filing of exceptions or brief may be granted in the discretion of the officer in charge. The examining inspector shall promptly file exceptions to the proposed findings, conclusions and order of the presiding inspector, or state in writing that he waives the filing of exceptions.*

For the duration of the War which the United States declared existed against Japan on December 8, 1941, and against Germany and Italy on December 11, 1941, alien seamen who entered the United States on or after September 1, 1939, or who shall hereafter enter the United States and against whom deportation proceedings have been or may be instituted shall be allowed a period of 3 days in which to file exceptions or waive the filing of exceptions to the proposed findings, conclusions, and order of the Presiding Inspector and to submit a brief, if desired, in lieu of the time specified in § 150.7 (e) of this title. If oral argument before the Board of Immigration Appeals is requested in behalf of such alien seamen, the time for such argument shall be fixed not more than 3 days from the day notice was given to the alien of the proposed findings, conclusions, and order of the Presiding Inspector in lieu of the time specified in § 90.5 of this title.

150.8 (a) Reopening the hearing. At any time prior to the forwarding of the record of hearing to the Central Office, the officer in charge of the district may direct that a case be reopened for proper cause; and at any time prior to submission of the record to the Board of Immigration Appeals, the Central Office may

*For statutory citation, see note to § 150.1.

direct a reopening thereof for proper cause. After the record has been submitted to the Board of Immigration Appeals, the case may only be reopened upon direction of the Board of Immigration Appeals. Requests by aliens, or their representatives, for a reopening of a hearing must be in writing and set forth the grounds for the application. If a request for a reopening made prior to the submission of the record to the Board of Immigration Appeals is denied by the Central Office or the officer in charge of the district of origin, a report setting forth the reasons for the denial shall be furnished the Board of Immigration Appeals with the record. (b) Reopening the hearing; applications for departure in lieu of deportation or for suspension of deportation. After the close of a hearing and prior to the submission of the record to the Board of Immigration Appeals, an application by the alien for the privilege of departure in lieu of deportation or for suspension of deportation under the provisions of Section 19 (c) of the Immigration Act of 1917, as amended, may only be made in conjunction with a request, pursuant to paragraph (a) of this section, that the hearing be reopened. After the submission of the record to the Board of Immigration Appeals, such an application may only be made in conjunction with a motion to reopen the hearing, made pursuant to section 90.9 of this title. (Sec. 19, 39 Stat. 889, 54 Stat. 671; 8 U. S. C. 155)

150.9 Forwarding record to Central Office. Upon receipt of exceptions and brief, if any, of the alien or his counsel, or upon the expiration of the time allowed for the submission of exceptions or brief, the entire record, including all copies of Forms I-55 and I-255 filed by the alien, the presiding inspector's proposed findings, conclusions and order, exceptions and brief, including the exceptions of the examining inspector, if any, shall be delivered to the officer in charge of the district for transmission to the Central Office.*

150.10 Special procedure; application by an alien prior to arrest for suspension of deportation.

(a) Who May Apply. Any alien who believes himself to be subject to deportation and against whom deportation proceedings have not been instituted by the issuance of a warrant of arrest, as provided in section 150.3 or 150.11 (a) may voluntarily submit himself to the jurisdiction of the Immigration and Naturalization Service and make written application for suspension of deportation. Such application may be made by filing Forms I-256 and I-55, properly filled in and executed in triplicate, at the office of the Immigration and Naturalization Service having jurisdiction over the applicant's place of residence.

(b) Eligibility. An alien is eligible to be considered for suspension of deportation if

(1) he is deportable under any law of the United States except

(i) the Act of October 16, 1918, as amended (anarchist and similar classes); or

(ii) the Act of May 26, 1922 (narcotic); or

*For statutory citation, see note to § 150.1.

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