evidence and findings as to excludability; the formal enumeration of findings is not required. The decision shall be concluded with the order of the immigration judge. (b) Oral decision. An oral decision shall be stated for the record by the immigration judge at the conclusion of the hearing and in the presence of the applicant. When entitled to appeal from an adverse decision of the immigration judge, the applicant shall be so advised and shall be required to state then and there whether he wishes to appeal. At his request, the applicant shall be furnished with a typewritten transcript of the oral decision of the immigration judge. (c) Written decision. When the decision of the immigration judge is in writing, the district director shall serve a signed copy thereof on the applicant, together with the notice referred to in § 3.3 of this chapter. (d) Advice to alien ordered excluded. An alien ordered excluded shall be furnished with Form I-296, Notice to Alien Ordered Excluded by Immigration Judge, at the time of an oral decision by the immigration judge or upon service of a written decision. (e) Holders of refugee travel documents. Aliens who are the holders of valid unexpired refugee travel documents may be ordered excluded only if they are found to be inadmissible under section 212(a) (9), (10), (12), (23), (27), (28), (29), or (31) of the Act, and it is determined that on the basis of the acts for which they are inadmissible there are compelling reasons of national security or public order for their exclusion. If the immigration judge finds that the alien is inadmissible but determines that there are no compelling reasons of national security or public order for exclusion, the immigration judge shall remand the case to the district director for parole. § 236.4 Finality of order. The order of the immigration judge 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. An immigration judge shall have authority to certify his decision in any case to the Board of Im migration Appeals when it involves an unusually complex or novel question of law or fact. When the order of the immigration judge is to admit the applicant, the immigration judge shall place him on notice that the decision is subject to appeal by the district director as provided in § 236.5(c). § 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 immigration judge 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 immigration judge's oral decision, he shall be required then and there to submit completed Form I290A. 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 immigration judge'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 immigration judge 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. § 236.6 Fingerprinting of excluded aliens. Every alien 14 years of age or older who is excluded from admission to the United States by an immigration judge shall be fingerprinted, unless during the preceding year he has been fingerprinted at American consular office. Sec. an PART 237-DEPORTATION OF EXCLUDED ALIENS AUTHORITY: Secs. 103, 233, 237, 245, 280, 66 Stat. 173, 197, 201, 214, 230; 8 U.S.C. 1103, 1223, 1227, 1255, 1330. § 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 FR 5818, Aug. 1, 1958] § 237.2 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 FR 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 FR 5818, Aug. 1, 1958, redesignated at 26 FR 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 I310. [23 FR 5818, Aug. 1, 1958, redesignated at 26 FR 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 FR 1479, Feb. 17, 1962] evidence and findings as to excludability; the formal enumeration of findings is not required. The decision shall be concluded with the order of the immigration judge. (b) Oral decision. An oral decision shall be stated for the record by the immigration judge at the conclusion of the hearing and in the presence of the applicant. When entitled to appeal from an adverse decision of the immigration judge, the applicant shall be so advised and shall be required to state then and there whether he wishes to appeal. At his request, the applicant shall be furnished with a typewritten transcript of the oral decision of the immigration judge. (c) Written decision. When the decision of the immigration judge is in writing, the district director shall serve a signed copy thereof on the applicant, together with the notice referred to in § 3.3 of this chapter. (d) Advice to alien ordered excluded. An alien ordered excluded shall be furnished with Form I-296, Notice to Alien Ordered Excluded by Immigration Judge, at the time of an oral decision by the immigration judge or upon service of a written decision. (e) Holders of refugee travel documents. Aliens who are the holders of valid unexpired refugee travel documents may be ordered excluded only if they are found to be inadmissible under section 212(a) (9), (10), (12), (23), (27), (28), (29), or (31) of the Act, and it is determined that on the basis of the acts for which they are inadmissible there are compelling reasons of national security or public order for their exclusion. If the immigration judge finds that the alien is inadmissible but determines that there are no compelling reasons of national security or public order for exclusion, the immigration judge shall remand the case to the district director for parole. § 236.4 Finality of order. The order of the immigration judge 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. An immigration judge shall have authority to certify his decision in any case to the Board of Im migration Appeals when it involves an unusually complex or novel question of law or fact. When the order of the immigration judge is to admit the applicant, the immigration judge shall place him on notice that the decision is subject to appeal by the district director as provided in § 236.5(c). § 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 immigration judge 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 immigration judge's oral decision, he shall be required then and there to submit completed Form I290A. 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 immigration judge'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 immigration judge 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. § 236.6 Fingerprinting of excluded aliens. Every alien 14 years of age or older who is excluded from admission to the United States by an immigration judge shall be fingerprinted, unless during the preceding year he has been fingerprinted at an American consular office. Sec. PART 237-DEPORTATION OF EXCLUDED ALIENS 237.1 Stay of deportation of excluded alien. 237.2 Notice to surrender for deportation. 237.3 Cost of maintenance not assessed. 237.4 Imposition of penalty. 237.5 Notice to transportation line of alien's exclusion. AUTHORITY: Secs. 103, 233, 237, 245, 280, 66 Stat. 173, 197, 201, 214, 230; 8 U.S.C. 1103, 1223, 1227, 1255, 1330. § 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 FR 5818, Aug. 1, 1958] § 237.2 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 FR 4411, Apr. 6, 1965] § 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 I310. [23 FR 5818, Aug. 1, 1958, redesignated at 26 FR 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 FR 1479, Feb. 17, 1962] ferred 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 I-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 FR 9629, July 4, 1967] 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 I-421 shall not be used to cover special situations such as mechanical difficulties, accidents, severe weather conditions or other emergenIcies 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 that 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 Alfred C. Toepfer Schiffahrtsgesellschaft, Alfred Hold & Company. American Export Lines, Inc. Baltic Steamship Co., The. Belgian Line (Compagnie Maritime Belge). The Booth Steamship Company, Ltd. The Cairn Line of Steamships, Ltd. Canadian Pacific Steamships, Ltd. China Merchants Steam Navigation Co., Ltd. China Union Lines, Ltd. Christensen Canadian African Lines. Compagnie Maritime Belge (see Belgian Compagnie Nationale Air France (see Air Corporacion Peruana de Vapores. Cunard Steamship Co., Ltd. Daido Kaiun Kaisha, Ltd. (Daido Line). Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines). Ditlev-Simonsen Lines (General Steamship Corp., Ltd.). Donaldson Line, Ltd. |