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128.7 Hawaiian certificates; lost or destroyed. Duplicate certificates may be issued by the officer in charge at Honolulu upon satisfactory proof that the certificates have been unavoidably lost, destroyed, or mutilated, the Central Office to be advised in each case of the issuance of a duplicate.* (Sec. 1, 39 Stat. 874; 8 U.S.C. 173)
128.8 Hawaiian certificates; form of, preparation. In issuing the certificates described in § 128.5, care shall be exercised to have the original and duplicate correspond in every detail. The certificate shall be prepared upon typewriter. The seal of the issuing officer should be impressed partly upon the photograph, but in such a manner as not to obscure any part of the face. All blank spaces remaining after writing in the data required to complete the identification of the person to whom the certificate is issued shall be covered by ruled lines so as to prevent the insertion of any additional word or words. Applicants for these certificates shall be required to furnish two suitable unmounted photographs of themselves, printed from the same negative that has not been retouched, representing the subject without hat, full front view, showing both ears, and measuring 2 by 2 inches, the distance from top of head to point of chin to be approximately 144 inches. The photographs should be attached to the original and duplicate of the certificate with care to assure permanency and prevent warping. The height shall be carefully taken and inserted in feet and inches, and in recording physical marks and peculiarities those which are the most prominent and least likely to be obliterated by lapse of time shall be selected.* (Sec. 1, 39 Stat. 874; 8 U. S. C. 173)
128.9 Hawaiian certificates; duplicates retained. The duplicates of the certificates shall be filed in the office of the officer in charge at Honolulu, Hawaii, in such order that they may always be accessible for reference.* (Sec. 1, 39 Stat. 874; 8 U.S. C. 173)
128.10 Hawaiian certificates; cancellation. These certificates are issued for the purpose of facilitating travel and are to be presented by the person to whom issued to immigration officers as evidence in proof of citizenship for immigration purposes. The proper holders of such certificates will be admitted at any immigration port of entry. When it is ascertained that such a certificate is in the possession of a person to whom it was not issued, as shown by a comparison of such person with the photograph and personal description appearing thereon, or if at any time it should develop that such certificate was secured through fraud, the certificate shall be taken up and forwarded to the Central Office, with a report of the circumstances and recommendation as to whether it should be canceled. If it should be found that cancellation is proper, the certificate shall be returned to the officer in charge at Honolulu with instructions to mark both the original and duplicate thereof "Canceled" and to file the canceled certificate and duplicate for reference.* (Sec. 1, 39 Stat. 874; 8 U.S. C. 173)
*For statutory citation, see note to $128.1.
Part 130—BOARDS OF SPECIAL INQUIRY
Sec. 130.1 Organization; oath of mem- 130.4 Medical examiner as witness. bers.
130.5 Record in illiteracy cases. 130.2 Hearings before boards of in- 130.6 Excluded alien; informed of quiry; procedure; rights of
130.7 Alien excluded for removable 130.3 Development of facts relating
cause; reopening of case. to penalities incurred by 130.8 Allen certified for mental contransportation company.
dition; right of medical
appeal. 8 130.1 Organization; oath of members. Boards of special inquiry shall be composed of three members. Board shall consist of duly designated immigrant inspectors, one of whom shall act as chairman, except that a duly designated immigration employee may serve as the third member and secretary. At a port of entry where a board of special inquiry is not regularly maintained, and at which a sufficient number of duly designated immigration employees is not available, the officer in charge is authorized, when necessity exists, to create a board which may include other persons, preferably Government officials, determined by the Attorney General as eligible for such service. Every person appointed to serve on a board of special inquiry shall first subscribe to an oath of office.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)
* 88 130.1 to 130.8, 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.
130.2 Hearings before boards of inquiry; procedure; rights of alien. Boards of special inquiry shall determine all cases as promptly as circumstances permit, due regard being had to the necessity of giving the alien a fair hearing. Hearing before the boards “shall be separate and apart from the public"; but the alien may have one friend or relative present after the preliminary part of the hearing has been completed : Provided, First, that such friend or relative is not and will not be employed by him as counsel or attorney; second, that, if a witness, he has already completed his testimony; third, that he is not an agent or a representative at any immigration station of an immigrant aid or other similar society or organization; and, fourth, that he is either actually related to or an acquaintance of the alien.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)
130.3 Development of facts relating to penalties incurred by transportation company. In all cases in which there is any reason, other than the issuance of a surgeon's certificate, for believing that any one of the administrative fines prescribed by the law, and specified in Part 160, may have been incurred, boards shall be careful to develop in the course of their hearings all facts and circumstances material to a determination of the transportation company's liability to such fine.*
130.4 Medical examiner as witness. Where the certificate of the medical examiner fails to describe particularly the nature, *For statutory citation, see note to 8 130.1.
character, and extent of the physical defect which it is certified may affect the ability of the alien to earn a living, boards of special inquiry shall call such examiner as a witness and interrogate him fully as to the particular nature, character, and extent of the affliction certified. Such testimony shall be made a part of the record.* (Secs. 16, 26, 27, 43 Stat. 163, 166, 167; 8 U. S. C. 216, 145, 146)
130.5 Record in illiteracy cases. In all cases where the reading test is applied and aliens are rejected as unable to read, the board record shall, in addition to the card number, clearly set forth (a) that the alien designated the particular language used in the test, (b) the complete English text appearing on the card, (c) the definite finding by the board as to the degree in which the alien failed to read, and (d) if the alien claims to be within any class exempted from the test, a definite finding by the board as to the validity of such claim.* (Sec. 3, 39 Stat. 875, 41 Stat. 981, sec. 17, 39 Stat. 887; 8 U. S. C. 136 (o), 153)
130.6 Excluded alien; informed of rights. Where an alien is excluded by a board of special inquiry he shall be advised of the decision of said board and the reason therefor, and when entitled to appeal to the Attorney General, he shall be so advised, Provided That the exact language employed in advising alien of his right to appeal, together with a full and accurate transcript of alien's reply, shall be inserted in the record and made part thereof. An excluded alien shall be informed that the return voyage is at the expense of the transportation company which brought him; that such transportation company must return him in the same class in which he came. The fact that he has been so informed shall be entered in the minutes.* (Secs. 16, 17, 18, 39 Stat. 885, 887; 8 U.S. C. 152, 153, 154)
130.7 Alien excluded for removable cause; reopening of case. Where an alien is excluded merely because of nonpossession of a visa, or for any cause which can readily be removed or overcome, the case may be reopened within a period of thirty days from the date of original exclusion. Where the statistical month ends prior to final disposition, the case for statistical purposes will be carried into the succeeding statistical month.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)
130.8 Alien certified for mental condition; right of medical appeal. An alien certified for insanity or mental defect shall be advised of his right to appeal to a board of medical officers of the United States Public Health Service, and that he may introduce before such board one expert medical witness at his own cost and expense. The exact language employed in so informing the alien of his rights, together with a full and accurate transcript of his reply, shall be inserted in the record and made a part thereof. In the event the alien desires to appeal to such medical board the officer in charge at the port, in conformity with regulations prescribed by the United States Public Health Service, shall make such arrangements with the office of the Surgeon General as may be necessary for the convening of such medical board without the case being first reported to the Central Office.* (Sec. 16, 89 Stat. 885; 8 U. S. C. 152)
*For statutory citation, see note to 8 130.1.
Part 132-READMISSION AND TEMPORARY
Sec. 1321 Aliens returning to unrelin- 132.4 Excludable allens applying at quished domicile; domicile
seaports for temporary addefined.
mission without advance 132.2 Temporary admission from
consent; procedure. contiguous territory; medi- 132.5 Application for admission by cal treatntent; mandatorily
alien liable to be excluded. excludable alien. 132.3 Temporary admission
transit denied, without ad-
aliens, 8 132.1 Aliens returning to unrelinquished domicile; domicile defined. Aliens returning after a temporary absence to an unrelinquished United States domicile of seven consecutive years may be admitted in the discretion of the Attorney General and under such conditions as he may prescribe. In such case satisfactory proof of domicile in the United States for seven consecutive years, and of departure there from with the intention of returning thereto, will be exacted. Every case of exclusion for any cause in which the alien has given such proof, shall be promptly brought by the official in charge to the attention of the Attorney General, through the usual official channels, with a complete report of the reasons for the alien's exclusion and of the proof which has been offered of continuous and unrelinquished domicile, together with a statement of the duration of the absence. Domicile, for the purposes of this section, means that place where a person has his true, fixed, and permanent home, and principal establishment, to which, whenever he is absent, he has the intention of returning. * (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (p))
*88 132.1 to 132.5, 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.
132.2 Temporary admission from contiguous territory; medical treatment; mandatorily excludable alien. Aliens mandatorily excluded and seeking temporary admission from foreign contiguous territory for the purpose of undergoing medical or surgical treatment in the United States may be admitted for such purpose when it appears to the satisfaction of the officer in charge that an emergency exists for immediate medical or surgical aid, and if such alien shall furnish satisfactory guaranty or a bond with approved surety in the penal sum of not less than $500 conditioned that he will depart from the United States when such medical or surgical treatment is completed. Aliens of the class referred to, seeking temporary admission for the purpose of