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Part 134-ASSISTANCE TO ADMITTED ALIENS

§ 134.1 Admitted alien assisted; when. Notwithstanding admission, and for reasons satisfactory to the officer in charge, any alien may remain a few days at an immigration station upon payment of actual expenses. If in such a case the delay in leaving the immigration station is due to accident or other unavoidable circumstances and the alien is without sufficient means to defray the expenses incident thereto, the immigration officer in charge, in his discretion, may authorize such expense, reporting the case promptly to the Central Office with full reasons for his action and requesting that the authorization be ratified. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U.S. C. 102, 222)

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Part 136—APPEALS FROM DECISIONS BY BOARD OF

SPECIAL INQUIRY

Sec.

Sec. 136.1 Who may appeal.

136.5 Cases reopened by Central 136.2 When no appeal lies.

Office or Department. 136.3 Time for filing appeal.

136.6 Cases reopened at request of 136.4 Forwarding appeal record.

local immigration officials. $ 136.1 Who may appeal. An alien desiring to appeal may do so individually or through any society admitted to an immigration station or through any relative or friend or through any person, including attorneys permitted to practice before the immigration authorities. Where such an appeal has been taken any further appeal shall be disregarded. Appeals purporting to be filed on behalf of an alien but without his knowledge or consent previously obtained may be ignored. A board member who dissents from å majority vote to admit also may take an appeal. In such a case the alien shall be allowed the same opportunity for representation as though the appeal were his, but his brief or argument must be submitted at the same time that the board member's appeal is forwarded to the Central Office. When an alien is certified for a physical defect other than tuberculosis in any form or a loathsome contagious or dangerous contagious disease, the board of special inquiry must decide on the basis of all the evidence (including the medical certificate) whether or not such certified defect may affect his ability to earn a living. An alien rejected on said ground is entitled to appeal.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)

*88 136.1 to 136.6, 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.

136.2 When no appeal lies. No appeal lies where the decision of a board of special inquiry, based upon the certificate of the examining medical officer, as required by section 17 of the Immigration Act of 1917 (39 Stat. 887; 8 U. S. C. 153), rejects an alien because (a) he is afflicted with tuberculosis in any form or a loathsome contagious or dangerous contagious disease, or (b) he is an idiot or an imbecile or an epileptic or is insane or feeble-minded, or (c) he is afflicted with constitutional psychopathic inferiority or has any mental defect or is a chronic alcoholic.*

136.3. Time for filing appeal. Appeal must be filed promptly. The officer in charge may refuse to accept an appeal filed after the alien has been removed from an immigration station for deportation, provided the alien has had a reasonable opportunity to appeal before such removal. Any appeal filed more than 48 hours after the time of an excluding decision may be rejected by the officer in charge in his discretion.*

*For statutory citation, see note to § 136.1.

136.4 Forwarding appeal record. The complete appeal record, including the immigration visa or permit to reenter the United States, and any brief or argument filed by the appellant, his attorney, or his representative shall be forwarded promptly to the Attorney General through the Commissioner of Immigration and Naturalization. The officer in charge shall in his discretion allow whatever time is reasonable, as indicated by the nature of the case, for the preparation and filing of briefs or arguments.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)

136.5 Cases reopened by Central Office or Department. Whenever a case is referred back to a board by the Central Office or the Department in order that additional evidence may be taken, such case is thereupon reopened; and after the new evidence has been taken the board shall render a new decision, in which it may, in its discretion, reaffirm, alter, or reverse its previous decision. The mere action of referring back a case under such circumstances is not to be taken as an indication of any disapproval by the Central Office or the Department of the board's decision or of what the new decision should be.* (Sec. 17, 89 Stat. 887; 8 U. S. C. 153)

136.6 Cases reopened at request of local immigration officials. Either before or after receipt of a decision of the Department affirming an exclusion decision, local immigration officials may stay deportation and request permission to reopen the case upon learning of new evidence which in their opinion is of such relevancy and materiality as, in justice to the alien or the United States, requires consideration by the board. Such request should contain a brief statement of the general nature of the new evidence. In emergent cases, the request must be made by code telegram. Upon receipt of permission from the Central Office to reopen, the board again acquires full control of the case as under § 136.5.* (Sec. 17, 89 Stat. 887; 8 U.S. C. 153)

*For statutory citation, see note to g 136.1.

Part 140-MEDICAL OFFICERS AND HOSPITAL

TREATMENT

Sec.

Sec. 140.1 Medical officers; to whom re- 140.16 Naturalization; proof. sponsible.

140.17 Permanent residence; definl. 140.11 Contagious disorder of allen

tion. wife or minor child of natu- 140.18 Hospital treatment; docuralized citizen or permanent

ments to accompany appliresident alien.

cation. 140.12 Hospital treatment of wife or 140.19 Breach of conditions of bond; minor child of naturalized

consequences. citizen; conditions.

140.20 Alien's right, and transporta140.13 Hospital treatment of wife or

tion company's liability, not minor child of resident

affected by hospital treatalien; conditions.

ment. 140.14 Hospital treatment; to pre- 140.21 Citizens treated as aliens; vent unusual hardship or

payment of hospital exsuffering.

pense. 140.15 Application for hospital treat

ment for wife or minor

child. 8 140.1 Medical officers; to whom responsible. Medical officers detailed for any duty under the immigration law shall, in matters of administration, be under the direction of the officer in charge at the port to which they may be detailed. In considering and determining medical questions such officers are to be guided by the instructions issued by the Surgeon General of the Public Health Service.* (Sec. 16, 39 Stat. 885; 8 U. S. C. 152)

*3$ 140.1 to 140.21, 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 the specific sections.

140.11 Contagious disorder of alien wife or minor child of naturalized citizen or permanent resident alien. Where an alien, otherwise admissible, is certified upon arrival to be afflicted with any contagious disorder and is (a) the wife or minor child of an alien who is shown to have taken up his permanent residence in the United States; (b) the alien wife of a naturalized citizen married to him abroad prior to his naturalization; or. (c) the minor child of a naturalized citizen born abroad to him prior to his naturalization, such alien shall be held until it is ascertained whether the disorder will be easily curable or whether landing can be permitted without danger to others. Deportation shall occur promptly with respect to such wife and minor child when it is ascertained that the disorder is not easily curable or that the alien cannot be landed without danger to others, but if it shall be determined that the disorder is easily curable, and the husband or father or other responsible person is willing to bear the expense of treatment, such alien, if otherwise admissible and upon proper

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