a fine is found to have been incurred, or (2) within 30 days after receipt of the final decision with respect to the fine.

(b) Form and contents of application. An application for mitigation or remission shall be filed in duplicate under oath and shall include information, supported by documentary evidence, as to the basis of the claim to mitigation or remission, and as to the action, if any, which may have been taken by the applicant, or as to the circumstances present in the case which, in the opinion of the applicant, justified the granting of his application.

(c) Disposition of application. The application, if filed with the answer, shall be disposed of as provided in § 280.13. In any other case the application shall be considered and decided by the district director from whose decision an appeal may be taken to the Board within 15 days after the mailing of the notification of decision as provided in Part 3 of this chapter.

[22 F.R. 9808, Dec. 6, 1957, as amended at 23 F.R. 9124, Nov. 26, 1958]

287(a) (3) of the Act, means the land boundaries and the coast line of the United States, including the ports, harbors, bays and other enclosed arms of the sea along the coast, and a marginal belt of the sea extending three geographic miles from the outer limits of the land that encloses an arm of the sea.

(2) Reasonable distance. The term "reasonable distance," as used in section 287(a) (3) of the Act, means within 100 air miles from any external boundary of the United States or any shorter distance which may be fixed by the district director, or, so far as the power to board and search aircraft is concerned, any distance fixed pursuant to paragraph (b) of this section.

(b) Reasonable distance; fixing by district directors. In fixing distances not exceeding 100 air miles pursuant to paragraph (a) of this section, district directors shall take into consideration topography, confluence of arteries of transportation leading from external boundaries, density of population, possible inconvenience to the traveling public, types of conveyances used, and reliable information as to movements of persons effecting illegal entry into the United States: Provided, That whenever in the opinion of a district director a distance in his district of more than 100 air miles from any external boundary of the United States would because of unusual circumstances be reasonable, such district director shall forward a complete report with respect to the matter to the Commissioner, who may, if he determines that such action is justified, declare such distance to be reasonable.

(c) Exercise of power by immigration officers. Any immigration officer is hereby authorized to exercise anywhere in the United States all the powers conferred by section 287 of the Act.

(d) Disposition of felony cases. The cases of persons arrested for felonies under paragraph (4) of section 287(a) of the Immigration and Nationality Act shall be handled administratively in accordance with the applicable provisions of § 287.2, but in no case shall there be prejudiced the right of the person arrested to be taken without unnecessary delay before another near-by officer empowered to commit persons charged with offenses against the laws of the United States.

(e) Power to arrest persons who bring in, transport, or harbor certain aliens,

or induce them to enter. Any immigration officer shall have authority to make arrests for violations of any provision of section 274 of the Immigration and Nationality Act.

(f) Patrolling the border. The phrase "patrolling the border to prevent the illegal entry of aliens into the United States" as used in section 287 of the Immigration and Nationality Act means conducting such activities as are customary, or reasonable and necessary, to prevent the illegal entry of aliens into the United States.

[22 F.R. 9808, Dec. 6, 1957, as amended at 29 F.R. 13244, Sept. 24, 1964]

Whenever a district director or chief patrol inspector has reason to believe that there has been a violation punishable under any criminal provision of the law administered or enforced by the Service, he shall cause an investigation to be made immediately of all the pertinent facts and circumstances and shall take or cause to be taken such further action as the results of such investigation warrant.

[25 F.R. 582, Jan. 23, 1960]

§ 287.3 Disposition of cases of aliens arrested without warrant.

An alien arrested without a warrant of arrest under the authority contained in section 287 (a) (2) of the Immigration and Nationality Act shall be examined as therein provided by an officer other than the arresting officer, unless no other qualified officer is readily available and the taking of the alien before another officer would entail unnecessary delay, in which event the arresting officer, if the conduct of such examination is a part of the duties assigned to him, may examine the alien. If such examining officer is satisfied that there is prima facie evidence establishing that the arrested alien was entering or attempting to enter the United States in violation of the immigration laws, he shall refer the case to a special inquiry officer for further inquiry in accordance with Parts 235 and 236 of this chapter or take whatever other action may be appropriate or required under the laws or other regulations applicable to the particular case. If the examining officer is satisfied that there is prima facie evidence establishing that the arrested alien is in the United States in violation of the immigration laws,

further action in the case shall be taken as provided in Part 242 of this chapter. An alien arrested without warrant of arrest shall be advised of the reason for his arrest and his right to be represented by council of his own choice, at no expense to the Government. He shall also be advised that any statement he makes may be used against him in a subsequent proceeding and that a decision will be made within 24 hours or less as to whether he will be continued in custody or released on bond or recognizance. Unless voluntary departure has been granted pursuant to § 242.5 of this chapter, the alien's case shall be presented promptly, and in any event within 24 hours, to the district director, deputy district director, or acting district director for a determination as to whether there is prima facie evidence that the arrested alien is in the United States in violation of law and for issuance of an order to show cause and warrant of arrest prescribed in Part 242 of this chapter.

[22 F.R. 9808, Dec. 6, 1957, as amended at 32 F.R. 6260, Apr. 21, 1967]

§ 287.4 Subpoena.

(a) Who may issue-(1) Prior to commencement of proceedings. Except as provided in § 335.11 of this chapter, subpoena requiring the attendance of witnesses or the production of documentary evidence, or both, may be issued by a district director upon his own volition prior to the commencement of proceeding.

(2) Subsequent to commencement of proceedings. In any proceeding under this chapter, other than under Part 335 of this chapter, and in any proceeding ancillary thereto, a district director or a special inquiry officer having jurisdiction over the matter may, upon his own volition or upon application of a trial attorney, the alien, or other party affected, issue subpoenas requiring the attendance of witnesses or for the production of books, papers and other documentary evidence, or both. A party applying for a subpoena shall be required, as a condition precedent to its issuance, to state in writing or at the proceeding what he expects to prove by such witnesses or documentary evidence, and to show affirmatively that he has made diligent effort without success to produce the same. Upon being satisfied that a witness will not appear and testify or produce documentary evidence and

that his evidence is essential, the district director or special inquiry officer shall issue a subpoena. If the witness is at a distance of more than 100 miles from the place of hearing, the subpoena shall provide for the witness' appearance at the field office nearest to him to respond to oral or written interrogatories, unless the Service indicates that there is no objection to bringing the witness the distance required to enable him to testify in person in the proceeding.

(b) Form. Every subpoena issued under the provisions of this section shall state the title of the proceeding and shall command the person to whom it is directed to attend and give testimony at a time and place therein specified. A subpoena may also command the person to whom it is directed to produce the books, papers or documents designated therein. A subpoena may also direct the making of a deposition before an officer of the Service. Subpoenas shall be issued on Form I-138.

(c) Service. A subpoena issued under this section may be served by any person over 18 years of age not a party to the case designated to make such service by the district director having administrative jurisdiction over the office in which the subpoena is issued. Service of the subpoena shall be made by delivering a copy thereof to the person named therein and by tendering to him the fee for one day's attendance and the mileage allowed by law by the United States District Court for the district in which the testimony is to be taken. When the subpoena is issued on behalf of the Service, fee and mileage need not be tendered at the time of service. A record of such service shall be made and attached to the original copy of the subpoena.

(d) Invoking aid of court. If a witness neglects or refuses to appear and testify as directed by the subpoena served upon him in accordance with the provisions of this section, the district director issuing the subpoena shall request the United States Attorney for the proper district to report such neglect or refusal to the appropriate United States District Court and to request such court to issue an order requiring the witness to appear and testify and to produce the books, papers or documents designated in the subpoena. If the subpoena was issued by a special inquiry officer, he shall request the district director having administrative jurisdiction over him to take the action referred to in the previous sen

tence in the event the witness neglects or refuses to appear and testify as directed by the subpoena served upon him.

[22 F.R. 9809, Dec. 6, 1957, as amended at 28 F.R. 4251, Apr. 30, 1963; 29 F.R. 13244, Sept. 24, 1964]

§ 287.5 Power and authority to administer oaths.

Any immigration officer, or any other employee individually designated by a district director, shall have the power and authority to administer oaths in or outside the United States.

[29 F.R. 12584, Sept. 4, 1964]

§ 287.6 Proof of official records.

In any proceeding under this chapter, an official record or an entry therein, when admissible for any purpose, may be evidenced by an official publication

thereof or by a copy attested by the official having legal custody of the record or by his deputy. If the office in which the record is kept is in foreign territory, the copy shall be attested by a person authorized to make the attestation and the attested copy shall be accompanied by a certification by any officer in the Foreign Service of the United States stationed in the foreign country where the record is kept as to the genuineness of the signature and official position of the attesting officer or any foreign official whose certification of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation.

[30 F.R. 12248, Sept. 24, 1965, as amended at 32 F.R. 16200, Nov. 28, 1967]

clude a person who is the spouse or child of such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possess at least 50 per centum or more of such blood.

§ 289.2

Lawful admission for permanent residence.

Any American Indian born in Canada who at the time of entry was entitled to the exemption provided for such person by the Act of April 2, 1928 (45 Stat. 401), or section 289 of the Act, and has maintained residence in the United States since his entry, shall be regarded as having been lawfully admitted for permanent residence. A person who does not possess 50 per centum of the blood of the American Indian race, but who entered the United States prior to December 24, 1952, under the exemption provided by the Act of April 2, 1928, and has maintained his residence in the United States since such entry shall also be regarded as having been lawfully admitted for permanent residence. In the absence of a Service record of arrival in the United States, the record of registration under the Alien Registration Act, of 1940 (54 Stat. 670; 8 U.S.C. 451), or section 262 of the Act, or other satisfactory evidence may be accepted to establish the date of entry.

AUTHORITY: The provisions of this Part 292 issued under secs. 103, 292, 66 Stat. 173, 235; 8 U.S.C. 1103, 1362.

§ 292.1 Representation of others.

(a) Attorneys in the United States. Any attorney, as defined in § 1.1(f) of this chapter, may represent persons before the Service and the Board.

(b) Reputable individuals. When a person is entitled to representation, he may be represented by any reputable individual of good moral character who is appearing without remuneration, and files a written declaration to that effect, if such representation is permitted by a

regional commissioner, district director, officer in charge, special inquiry officer, the Commissioner, or the Board.

(c) Accredited representatives. A person may be represented by an accredited representative of an organization described in § 1.1(j) of this chapter.

(d) Accredited officials. An alien may be represented by an accredited official, in the United States, of the government to which he owes allegiance, if the official appears solely in his official capacity and with the alien's consent.

(e) Attorneys outside the United States. An attorney, other than one described in § 1.1(f) of this chapter, residing outside the United States and licensed to practice law and in good standing in a court of the country in which he resides, and who is engaged in such practice, may be permitted by a regional commissioner, district director, officer in charge, the Commissioner, or the Board to be heard. The regional commissioner and district director are authorized to withhold granting permission to be heard before an officer under their jurisdiction and may refer the request to the Board for its decision.

(f) Amicus curiae. A person desiring to be heard as amicus curiae shall apply therefor to the Board. The Board may grant such application if in the public intrest to do so.

(g) Former employees. A person previously employed by the Department of Justice is not permitted to represent in a case in which he participated during the period of his employment.

(h) Persons formerly authorized to practice. A person, other than a representative of an organization described in § 1.1(j) of this chapter, who on December 23, 1952, was authorized to practice before the Service and the Board may continue to represent, subject to the provisions of § 292.3.

[23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958]

§ 292.2 Requests by organizations for recognition.

(a) Form G-27. A request for recognition by an organization described in § 1.1(j) of this chapter shall be filed on Form G-27 with a regional commissioner, district director, or the Commissioner for transmittal to the Board, or with the Board. The Board may require such additional information or investigation as may be necessary before ap

proving or denying the request. The organization will be advised of the action taken by the Board.

An organization

(b) Accreditation. described in § 1.1(j) of this chapter may certify as its accredited representatives only persons who are citizens of the United States and are of good moral character. Certificates may be filed with a regional commissioner, district director, officer in charge, or the Commissioner, for transmittal to the Board, or with the Board. Additions or deletions shall be similarly certified. The eligibility of a representative to appear shall terminate upon the deletion of his name from the organization's list of accredited representatives or when the organization is no longer recognized by the Board as being of the character described in § 1.1(j) of this chapter.

(c) Roster. The Board shall maintain an alphabetical roster of recognized organizations and their accredited representatives. A copy of the roster shall be furnished the Commissioner, and he shall be advised from time to time of changes therein.

[23 F.R. 2672, Apr. 23, 1958, as amended at 23 F.R. 9124, Nov. 26, 1958; 26 F.R. 3564, Apr. 26, 1961]

§ 292.3 Suspension or disbarment.

(a) Grounds. The Board, with the approval of the Attorney General, may suspend or bar from further representation an attorney or representative if it shall find that it is in the public interest to do so. The suspension or disbarment of an attorney or representative who is within one or more of the following categories shall be deemed to be in the public interest, for the purpose of this part, but the enumeration of the following categories does not establish the exclusive grounds for suspension or disbarment in the public interest:

(1) Who charges or receives, either directly or indirectly, any fee or compensation for services which may be deemed to be grossly excessive in relation to the services performed, or who, being an accredited representative of an organization recognized under § 1.1(j) of this chapter, charges or receives either directly or indirectly any fee or compensation for services rendered to any person, except that an accredited representative of such an organization may be regularly compensated by the organization of which he is an accredited representative;

(2) Who, with intent to defraud or deceive, bribes, attempts to bribe, coerces, or attempts to coerce, by any means whatsoever, any person, including a party to a case, or an officer or employee of the Service or Board, to commit an act or to refrain from performing an act in connection with any case;

(3) Who willfully misleads, misinforms, or deceives an officer or employee of the Department of Justice concerning any material and relevant fact in connection with a case;

(4) Who willfully deceives, misleads, or threatens any party to a case concerning any matter relating to the case;

(5) Who solicits practice in any unethical or unprofessional manner, including, but not limited to, the use of runners, or advertising his availability to handle immigration, naturalization, or nationality matters;

(6) Who represents, as an associate, any person who, known to him, solicits practice in any unethical or unprofessional manner, including, but not limited to, the use of runners, or advertising his availability to handle immigration, naturalization, or nationality matters;

(7) Who has been temporarily suspended, and such suspension is still in effect, or permanently disbarred, from practice in any court, Federal, State (including the District of Columbia), territorial, or insular;

(8) Who is temporarily suspended, and such suspension is still in effect, or permanently disbarred, from practice in a representative capacity before any executive department, board, commission, or other governmental unit, Federal, State (including the District of Columbia), territorial, or insular;

(9) Who, by use of his name, personal appearance, or any device, aids and abets any person to practice during the period of his suspension or disbarment, such suspension or disbarment being known to him;

(10) Who willfully made false and material statements or representations with respect to his qualifications or authority to represent others in any case;

(11) Who engages in contumelious or otherwise obnoxious conduct with respect to a case in which he acts in a representative capacity, which in the opinion of the Board, would constitute cause for suspension or disbarment if the case was pending before a court, or which, in such a judicial proceeding,