shall preside and the officer who shall present the evidence in support of the charges. The nonreceipt of answer within three days after expiration of the period prescribed to show cause shall be held a waiver of defense to the charges. When the record is complete, the Commissioner shall forward it to the Board with his recommendation.

(b) The respondent, either with or without counsel, and the Commissioner, or any officer designated by him for the purpose, shall have the privilege of appearing before the Board for oral argument at a time specified by the Board.

(c) The Board shall consider the record as presented by the Commissioner as soon as practicable after its receipt and render its decision thereon. The order of the Board shall constitute the final disposition of the proceeding: Provided, however, That if the order would suspend or disbar the respondent, or if any one of the circumstances described in § 90.12 of this chapter be present, the Board shall refer the record to the Attorney General for review of its decision and in such case the order of the Attorney General shall be the final determination of the proceeding.

(d) In case the final order against the respondent is for suspension or disbarment, the attorney or representative shall not thereafter be permitted to practice unless and until authorized so to do by the Board; and if disbarred, he shall surrender certificate of his admission to the Board for cancellation.*

95.9 Effective date. This regulation shall take effect from and after May 1, 1944, except that applications for admission to practice may be filed immediately in the manner prescribed in 95.4(a) of this Part.*

*For statutory citation, see note to § 95.1.

Subchapter B-IMMIGRATION REGULATIONS

SCOPE OF THE IMMIGRATION LAW

The Act entitled "An Act to regulate the immigration of aliens to, and the residence of aliens in, the United States," passed February 5, 1917 (39 Stat. 874), applies to and is to be enforced in every part of the United States and every place possessed by the United States except the Isthmian Canal Zone; in Continental United States, Alaska, Hawaii, and Puerto Rico it is enforced solely by the Immigration and Naturalization Service. In the Philippine Islands it is enforced by the "officers of the general government thereof," and in other places under the jurisdiction of the United States by the duly authorized officials thereof. Under the provisions of the Act persons who are not citizens of the United States or citizens of the insular possessions coming from the insular possessions to the mainland or proceeding from one insular possession to another must undergo examination under each and every provision of the Act.

Under the immigration laws the term "alien" includes any individual not a native born or naturalized citizen of the United States, but does not include Indians of the United States not taxed nor citizens of islands under the jurisdiction of the United States, except noncitizen Filipinos. (See Part 130.)

The provisions of the Immigration Act of 1924 (Act of May 26, 1924, 43 Stat. 153; 8 U. S. C. 201ff.), as amended are in addition to and not in substitution for the provisions of the general immigration laws, and are enforced as a part of such laws, and all the penal or other provisions of such laws, not inapplicable, apply to and are enforced in connection with the provisions of the Act. An alien, although admissible under the provisions of the Immigration Act of 1924, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than that Act, and an alien, although admissible under the provisions of the immigration laws other than the Immigration Act of 1924, shall not be admitted to the United States if he is excluded by any provision of that Act.

723

Part 105-HEAD TAX

Sec.
105.1 Allens subject to head tax;
collection.

105.2 Collection of head tax after
admission.

105.3 Aliens not subject to head tax. 105.4 Burden of proof in claims for

exemption.

Sec.

105.5 Seamen admitted as immigrants.

105.6 Liability for head tax assessed for admission of seamen as immigrants.

105.7 Head tax; by and to whom paid.

§ 105.1 Alien subject to head tax; collection. There shall be collected on behalf of every alien admitted to the United States, except those classes enumerated in § 105.8, a head tax of $8.* (Sec. 2, 39 Stat. 875; 8 U. S. C. 132)

*88 105.1 to 105.7, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. S. C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

ABBREVIATIONS: The following abbreviations are used in this chapter: Amdt. Amendment.

Circ. Circular 176, Commissioner of Immigration and Naturalization Service. Oct. 4, 1937.

I&NS Immigration and Naturalization Service.

105.2 Collection of head tax after admission. The tax described in section 105,1 shall be collected also from aliens within section 105.3 (c) when their stay is extended beyond 60 days; from aliens within section 105.3 (d) when their stay is extended beyond one year; when required, from aliens within section 110.53 if the Commissioner has directed admission; and when required, from aliens whose records of entry have been authorized to be amended or endorsed to show true status. The head tax shall be collected from aliens within this section in the form of a United States postal money order, payable to the collector of customs having jurisdiction over the place where the alien entered the United States, and shall be deposited with such collector of customs. If the head tax is collected in an immigration district other than the district where the alien entered the United States, the money order shall be forwarded by the officer in charge of the district where the head tax is collected to the officer in charge of the district where the entry of the alien occurred, where it shall be deposited with the appropriate collector of customs; in the cases of aliens within section 110.53, the money order will accompany the documents, record, and report required by that section. If the amount collected from aliens within this section is not received in sufficient time to be entered prior to the closing of the accounts at the port of entry for the month during which the alien actually entered the country, the amount shall nevertheless be deposited with the collector of customs. Collections within

this section shall be reported to the Central Office only by the officer in charge of the district where the alien entered the United States. He shall report such collections only as a part of the statistical section of his annual report as recoveries of head tax, separately as to the number of and amount collected from nonimmigrant aliens and immigrant aliens. The provisions of this section are not to be regarded as applicable to the collection of the fee in the amount of $18 required of certain aliens under the provisions of section 19 (c) of the Immigration Act of February 5, 1917, as amended (Sec. 2, 39 Stat. 875; 39 Stat. 889, 54 Stat. 672, 56 Stat. 1044; 8 U. S. C. 155).

105.3 Aliens not subject to head tax. The head tax shall not be levied upon the following classes of aliens:

(a) Foreign officials. Diplomatic and consular officers and other accredited officials of foreign governments, their suites, families, and guests, for whatsoever purpose they come.

(b) Children. Children under 16 years of age who accompany their father or mother and whose relationship and age are established.

(c) Transits. Aliens in transit through the United States, as defined in § 118.1.

(d) Visitors from nearby countries. Aliens whose legal domicile or bona fide residence was in Canada, Newfoundland, Cuba, or Mexico for at least 1 year immediately preceding entry and who enter the United States for a temporary period in no instance exceeding 1 year; this exemption shall not be lost merely by reason of temporary absences of short duration from such countries.

(e) Residents; passing through contiguous territory. Aliens who have been lawfully admitted to the United States and who later shall go in transit from one part of the United States to another through foreign contiguous territory.

(f) Temporary residents; returning from contiguous territory. Aliens temporarily admitted to the United States who, during the period of temporary admission, go to foreign contiguous territory for temporary visits.

(g) Cruise passengers. Aliens who, starting from a port of the United States, return thereto after a continuous sea trip or cruise without change of vessel.

(h) Commuters. Aliens who, without taking up residence in the United States, habitually cross and recross the land boundaries and who hold a Resident Aliens' Border Crossing Identification Card.

(i) Residents; returning from nearby country. Aliens lawfully admitted and having a bona fide residence in the United States who, without relinquishing such residence, visit Canada, Newfoundland, Cuba, or Mexico for a temporary period in no instance exceeding 6 months.

(j) Citizens or residents of possessions. Citizens and alien residents of the Virgin Islands of the United States, Puerto Rico, Hawaii, Guam; or citizens of the Philippine Islands not citizens