ut determined that on the basis of the acts for which they are inadmissible there are compelling reasons of national security or pu lic order for their exclusion. If the special inquary officer finds that the alien is inadmissible determines that there are no compel g reasons of national security or public order for exclusion, the special inquiry officer shall remand the case to the district director for parole. [23 F.R. 2671, Apr. 23, 1958, as amended at 23 F.R. 9123, Nov. 26, 1958; 31 F.R. 8045, June 8, 1966; 32 F.R. 9628, July 4, 1967; 38 F.R. 8239, Mar. 30, 1973] §236.4 Finality of order. an The order of the special inquiry officer shall be final except when a case has been certified as provided in Part 3 or Part 103 of this chapter, or when an appeal is taken to the Board of Immigration Appeals. A special inquiry officer shall have authority to certify his decision in any case to the Board of Immigration Appeals when it involves unusually complex or novel question of law or fact. When the order of the special inquiry officer is to admit the applicant, the special inquiry officer shall place him on notice that the decision is subject to appeal by the district director as provided in §236.5(c). [32 F.R. 9628, July 4, 1967] $236.5 Appeals. (a) In general. Pursuant to Part 3 of this chapter, an appeal shall lie to the Board of Immigration Appeals from a decision of the special inquiry officer under this part, except as limited by section 236(d) of the act. (b) By applicant. When the applicant states that he wishes to appeal from the special inquiry officer's oral decision, he shall be required then and there to submit completed Form I-290A. At his request, the applicant shall be allowed 10 days from the date of the oral decision in which to file a brief. An appeal from the special inquiry officer's written decision shall be taken within 13 days after mailing. (c) By district director. The district director may, within 5 days from date of decision, appeal from an order of the special inquiry officer to admit the applicant. The applicant shall be notified in writing when an appeal is taken by the district director and advised that he will be allowed 5 days from the receipt of notification in which to submit written representations for transmittal to the Board with the record in the case. $237.1 Stay of deportation of excluded alien. The district director in charge of the port of arrival may stay the immediate deportation of an excluded alien pursuant to sections 237 (a) and (d) of the act under such conditions as he may prescribe. [23 F.R. 5818, Aug. 1, 1958] 8237.2 Notice to surrender for deportation. An alien who has been finally excluded pursuant to Part 236 of this chapter may at any time surrender himself to the custody of the Service and shall surrender himself to such custody upon notice in writing of the time and place for his surrender. The Service may take the alien into custody at any time. An alien taken into custody either upon notice to surrender or by arrest shall not be deported less than 72 hours thereafter without his consent thereto filed in writing with the district director in charge of the place of his detention. An alien in foreign contiguous territory shall be informed that he may remain there in lieu of surrendering to the Service, but that he will be deemed to have acknowledged the execution of the order of exclusion and deportation in his case upon his failure to surrender at the time and place prescribed. [30 F.R. 4411, Apr. 6, 1965] $237.3 Cost of maintenance not assessed. A claim pursuant to section 237(a)(2)(B) of the Act shall be established to the satisfaction of the district director in charge of the port of arrival, from whose adverse decision no appeal shall lie. The district director shall afford the line a reasonable time within which to submit affidavits and briefs to support its claim. [23 F.R. 5818, Aug. 1, 1958, redesignated at 26 F.R. 2113, Mar. 11, 1961] $237.4 Imposition of penalty. Penalties for violation of sections 233 and 237 of the act shall be imposed in accordance with the provisions of Part 280 of this chapter. A bond or undertaking submitted to obtain clearance as provided in section 237(b) of the Act shall be on Form 1-310. [23 F.R. 5818, Aug. 1, 1958, redesignated at 26 F.R. 2113, Mar. 11, 1961] §237.5 Notice to transportation line of alien's exclusion. An excluded alien shall, immediately or as promptly as the circumstances permit, be offered for deportation to the master, commanding officer, purser, person in charge, agent, owner, or consignee of the vessel or aircraft on which the alien is to be deported, as determined by the district director, with a written notice specifying the cause of exclusion, the class of travel in which such alien arrived and is to be deported, and with the return of any documentation which will assist in effecting his deportation. If special care and attention is required, the provisions of $243.7 of this chapter shall apply. [27 F.R. 1479, Feb. 17, 1962] Sec. PART 238-CONTRACTS WITH TRANSPORTATION LINES 238.1 Contracts. 238.2 Transportation lines bringing aliens to the United States from or through foreign contiguous territory or adjacent islands and lines bringing aliens destined to the United States into such territory or islands. 238.3 Aliens in immediate and continuous transit. 238.4 Preinspection outside the United States. AUTHORITY: The provisions of this Part 238 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103. Interprets or applies sec. 238, 66 Stat. 202; 8 U.S.C. 1228. The contracts with transportation lines referred to in section 238(a) of the Act shall be made by the regional commissioner in behalf of the government and shall be on Form 1-421. The contracts with transportation lines referred to in section 238(b) of the Act shall be made by the regional commissioner in behalf of the government and shall be on Form 1-420. The contracts with transportation lines referred to in section 238(d) of the Act shall be made by the Commissioner in behalf of the government and shall be on Form I-426. The contracts with transportation lines desiring their passengers and crews preinspected at places outside the United States shall be made by the Commissioner in behalf of the government and shall be on Form I-425. [32 F.R. 9629, July 4, 1967] §238.2 Transportation lines bringing aliens to the United States from or through foreign contiguous territory or adjacent islands and lines bringing aliens destined to the United States into such territory or islands. (a) Land-border agreements and overseas agreements. Forms I-420 and I-421 shall be signed in duplicate and forwarded to the regional counsel. After acceptance, the district office and the signatory line shall be furnished with one copy of the agreement. The transmittal letter to the regional commissioner shall indicate whether the signatory to the agreement is a subsidiary or affiliate of a line which has already signed a similar agreement. Correspondence regarding ancillary contracts for office space and other facilities to be furnished by transportation lines at Service stations in Canada shall be similarly handled. Forms I-420 or 1-421 shall not be used to cover special situations such as mechanical difficulties, accidents, severe weather conditions or other emergencies which result in nonscheduled diversions to a port in foreign contiguous territory or adjacent islands; instead the facts shall be presented to the regional commissioner in order than an appropriate agreement may be drafted. If humane considerations are involved, the Service maintains inspection facilities, and neither the alien nor the transportation line could have foreseen that application for admission to the United States would be made within 2 years, a nunc pro tunc agreement may be entered into on Form 1-421 appropriately modified by adding the following paragraph: Canadian Pacific Steamships, Ltd. China Merchants Steam Navigation Co., Ltd. Christensen Canadian African Lines. Compagnie Maritime Belge (see Belgian Line). Corporacion Peruana de Vapores. County Line, Ltd. Cunard Steam-ship Co., Ltd. Daido Kaiun Kaisha, Ltd. (Daido Line). Det Dansk-Franske Dampskibsselskab. Det Forenede Dampskibs-Selskab of Copenhagen. Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines). Ditlev-Simonsen Lines (General Steamship Corp., Ltd.). Donaldson Line, Ltd. East Asiatic Company, The. Egon Oldendorff Steamship Co. Eikland & Salamis (I. M. Skaugen Shipowners). El Al Israel Airlines. Elder Dempster Lines, Inc. Ellerman & Bucknall Steamship Co., Ltd. Ellerman's Wilson Line. Ernst Russ Reiderl. Europe-Canada Line. Hamburg-Atlantik Linie G.m.b.H. (see Home Lines Hamburg Chicago Line (designation of a service Heinrich Schmidt, G.m.b.H. Homes Lines Agency, Inc., as agents for Home Lines, Hugo-Stinnes Zweigniederlassung, Brennstoffeisen Irish Shipping Ltd. Island Navigation Co., Tokyo. "Italia" Societa Di Navigazione (Italian Line). Johnson Line. Johs, Fritzen & Sohn. A. Kirsten. A. F, Klaveness & Co., A/S. Knutsen Line. Koninklijke Luchtvaart Maatschappij N.V. (K.L.M. Royal Dutch Airlines). Lamport & Holt Line, Ltd. J. Lauritzen Line. Japan Air Lines Company, Ltd. Lauro Lines (see Home Lines Agency, Inc.) Lord Line (see Ulster Steamship Co., Ltd.). Lufthansa German Airlines (see Deutsche Lufthansa Aktiengesellschaft). Lunham & Moore Shipping, Ltd. Manchester Liners, Ltd. Maritime Central Airways, Ltd. Montship Lines, Ltd. N. V. Maatschappij Zeevaart. N. V. Stoomboot-Maatschappij “Hillegersberg". National Hellenic American Line, S.A. (see Home Lines Agency, Inc.). Netherland Line (Nederland). American Airlines, Inc. Guest Aerovias Mexico, S.A. Linea Aeropostal Venezolana. (3) Nassau. Currently effective agreements on Form I-421 (Rev. 6-29-58) exist with the following transportation lines regarding arrivals in Nassau pursuant to section 238(a) of the Act: British Overseas Airway Corporation [32 F.R. 9629, July 4, 1967, as amended at 32 F.R. 13755, Oct. 3, 1967; 33 F.R. 5255, Apr. 2, 1968; 33 F.R. 7485, May 21, 1968; 33 F.R. 10504, July 24, 1968; 33 F.R. 17136, Nov. 19, 1968; 34 F.R. 1008, Jan. 23 1969; 35 F.R. 7638, May 16, 1970; 36 F.R. 8294, May 4, 1971; 37 F.R. 3745, Feb. 19, 1972; 40 F.R. 50702, Oct. 31, 1975) §238.3 Aliens in immediate and continuous transit. (a) Form 1-426 agreements. A transportation line bringing aliens to the United States pursuant to §212.1(e)(1) of this chapter shall enter into an agreement on Form 1-426. Such agreements shall be negotiated directly by the Central Office and the head offices of the transportation lines. (b) Signatory lines. Currently effective agreements on Form I-426 exist with the following: Achille Lauro-Armatore, Naples, Italy. Aerlinte Eireann Teoranta (Irish Air Lines). Aerolineas Argentinas. Aerolineas INI and CIA S.A. Aerolineas Peruanas, S.A. Aeronaves de Mexico, S.A. AeroPeru (see Empresa de Transporte Aereo del Peru). Aerovias Condor de Colombia Ltda. Aerovias Interamericanas de Panama, S.A. (Aerovias Panama Airways). Aerovias Nacionales de Colombia (AVIANCA). British Airways (British Airways Board). British Car Carriers, Ltd., and Nerdrum Lines. British Midland Airways, Ltd. British United Airways, Ltd. British West Indian Airways, Ltd. Caledonian Airways (Prestwick), Ltd. Canadian National Railway Co. Canadian Pacific Air Lines, Ltd. Canadian Pacific Railway Co. Capitol Airways, Inc. Caribbean Atlantic Airlines, Inc. Ceskoslovenske Aerolinie (Czechoslovak Airlines) China Airlines, Ltd. China Merchants Steam Navigation Co., Ltd. China Union Lines, Ltd. Compagnia Genovese di Armemento Compagnie Generale Transatlantique (French Line). Compagnie Nationale Air France. Compania Dominicana de Aviacion, C. por A. Compania Nacional de Turismo Aereo Limitada. Cunard Steamship Company, Ltd. Daido Kaiun Kaisha, Ltd., (Daido Line). Dan-Air Services, Ltd. Delaware and Hudson Railroad Corp. A. Demades & Owners-SS AXIOS Den Norske Amerikalinje A/S (See Norwegian America Line). Ditlev-Simonsen Lines. Dominion Far East Line (Hong Kong) Ltd. Dominion Navigation Co., Ltd. Donaldson International Airways. Dorado Wings. East African Airways. Eastern Airlines, Inc. El Al Israel Airlines. "ELIOS", Soc. di Navigazione p. A., Palermo. Ellerman's Wilson Line, Ltd. Empresa de Transporte Aereo del Pero (AeroPeru). S.A. Empresa de Viacao Aerea Rio Grandense (Varig Airlines). Empresa Guatemalteca de Aviacion. Epirotiki Lines, Inc. "Erice", Soc. di Navigazione p.A., Palermo. EXPRINTER (SUCRS, S.A.). Fiesta Cruise Lines, Inc. Flugfelag Islands, H.F. (Iceland Airways). Flying Tiger Line Inc., The Furness-Withy and Co., Ltd. General Airways, Inc. General Steam Navigation Co., Ltd., of Greece -Greek Line. Giacomo Costa fu Andrea (Linea “C”), Genoa. Global Chartering & Brokerage Co., Inc. Globe Air Ltd. Basel, Switzerland. Great Eastern Line. Gray Coach Lines, Ltd. Grey Goose Bus Lines, Ltd. Greyhound Lines-East, Division of Greyhound Lines, Inc. Grimaldi Siosa Lines Joint Service. Guest Aerovias Mexico, S.A. Hamburg American Line. Hapag/Lloyd A.G./North German Lloyd Passenger Agency, Inc. Holland-America Line. Home Lines Agency Inc., as agent for Home Lines Inc. Horn-Linie. Hugo Stinnes Transozean Schiffahrts, gmbh, Mulheim-Ruhr, Germany. Iberia Air Lines of Spain. Iberia Lineas Aereas Espansolas. Icelandic Airlines, Inc. (Loftleidir, H.F.). liho Kaium Kaisha, Ltd. Indo-China Steam Navigation Co., Ltd., The. 66-017 - 77-8 |