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Part 136—APPEALS FROM DECISIONS BY BOARD OF
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, 39 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. Part 140-MEDICAL OFFICERS AND HOSPITAL
a 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 $136.5.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)
*For statutory citation, see note to s 136.1.
Sec. 140.1 Medical officers; to whom re- 140.16 Naturalization; proof. sponsible.
140.17 Permanent residence; defini140.11 Contagious disorder of allen
tion. wife or minor child of natu- 140.18 Hospital treatment; docuralized citizen or permanent
ments to accompany appliresident alien.
cation. 140.12 Hospital treatment of wife or 140.19 Breach of conditions of bond; minor child of naturalized
consequences. citizen; conditions.
140.20 Alien's right, and transporta140.13 Hospital treatment of wife or
tion company's liability, not minor child of resident
affected by hospital treatalien; conditions.
ment. 140.14 Hospital treatment; to pre- 140.21 Citizens treated as aliens; vent unusual hardship or
payment of hospital exsuffering.
pense. 140.15 Application for hospital treat
ment for wife or minor
child. 8 140.1 Medical officers; to whom responsible. Medical officers detailed for any duty under the immigration law shall, in matters of administration, be under the direction of the officer in charge at the port to which they may be detailed. In considering and determining medical questions such officers are to be guided by the instructions issued by the Surgeon General of the Public Health Service.* (Sec. 16, 39 Stat. 885; 8 U. S. C. 152)
*$ 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 application under section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U.S. C. 159), may be accorded treatment in a hospital until cured and thereupon admitted. Examining surgeons shall include, so far as possible, in their certificate for contagious disorder, statement as to whether or not the disorder will be easily curable and whether or not the person certified can be permitted to land without danger to other persons.*
140.12 Hospital treatment of wife or minor child of naturalized citizen; conditions. No application for hospital treatment on behalf of the wife or minor child of a naturalized citizen shall be considered unless it affirmatively appears in such application that the applicant or some one in his behalf has deposited with the proper immigration official a sum sufficient to defray the cost of such treatment for a period of 60 days or for a less period if it is estimated that a cure may possibly be effected in less than 60 days, and that a bond has been furnished with approved surety in the penal sum of not less than $500 conditioned that at least 15 days prior to the expiration of the period above referred to a further deposit of cash will be made sufficient to cover the cost of treatment for an additional period of 30 days; and that a remittance of a similar amount every 15 days prior to the expiration of the period covered by such deposit shall be made until the alien is cured and permanently landed or the case otherwise disposed of; and that a sum sufficient to defray the cost of forwarding such alien to final destination will be furnished when and if needed, and, in the event such alien is a person who, from infancy or other cause, will require an attendant to accompany him to final destination if landed, or to the country of origin if eventually deported, that such an attendant, or funds sufficient to defray the cost of employing one, will be furnished: Provided, That where it affirmatively appears to the satisfaction of the Department that the husband or father is unable to pay the expense of the hospital treatment, such treatment may be accorded at the expense
of the appropriation for the enforcement of the Immigration Act.* (Sec. 22, 39 Stat. 891; 8 U.S. C. 159)
140.13 Hospital treatment of wife or minor child of resident alien; conditions. No application made on behalf of the wife or minor child of an alien who shall have taken up his permanent residence in the United States shall be considered unless the cash deposit and bond provided for in $140.12 are furnished as required in said section.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.14 Hospital treatment; to prevent unusual hardship or suffering. No application for hospital treatment made on behalf of an alien certified by the proper medical officer to be suffering from tuberculosis in any form or from a loathsome contagious or dangerous contagious disease, other than one of quarantinable nature, as provided in section 18 of the Immigration Act of 1917 (39 Stat. 887; 8 U. S. C. 154), shall be considered unless it affirmatively appears to the satisfaction of the Department that to refuse such hospital treatment would
be inhumane or cause unusual hardship or suffering: Provided, That if, upon arrival, the condition of the alien is such as to require immediate hospital treatment, such hospital treatment may be accorded when, in the opinion of the official in charge, a denial of such treatment, pending authorization therefor by the Department, will cause unusual hardship or suffering; And provided further, That in such case the action of such official shall be reported forth with to the Department for the necessary authorization.*
*For statutory citation, see note to $ 140.1.
140.15 Application for hospital treatment for wife or minor child. Application for hospital treatment arising under the provisions of section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U. S. C. 159), made in behalf of the wife or minor child of a naturalized citizen or in behalf of the wife or minor child of an alien having a permanent residence in this country, or application for hospital treatment arising under the provisions of section 18 of said Act (39 Stat. 887; 8 U. S. C. 154), shall be made to the officer in charge within the time allowed for filing appeals and by such officer immediately forwarded to the Central Office for presentation to the Department.*
140.16 Naturalization; proof. The presentation of a naturalization certificate and identification of the presenter as the rightful holder thereof shall be accepted as satisfactory proof of naturalization.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.17 Permanent residence; definition. The term "permanent residence” in 88 140.11, 140.13, and 140.15, shall be understood to mean 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, and shall be established by evidence satisfactory to the Department.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.18 Hospital' treatment; documents to accompany application. The official in charge shall forward with the application a transcript of the board hearing and a certificate of a Public Health Service Surgeon showing the character and extent of the alien's affliction and estimating the duration of treatment required to effect a cure, and may make such recommendation as he deems proper.* (Sec. 22, 39, Stat. 891; 8 U.S. C. 159)
140.19 Breach of conditions of bond; consequences. If the application is granted and there is a failure to observe the terms of the bond exacted, report thereof shall be made to the Central Office, to the end that the conditions of the bond may be enforced and the alien deported. Any balance of a deposit remaining unexpended when the alien is cured or released shall be returned to the depositor. The cost of hospital treatment may be charged agąinst the deposit from the time the petition was filed and until the alien has been either admitted or deported.* (Sec. 22, 39 Stat. 891; 8 U. S. C. 159)
140.20 Alien's right, and transportation company's liability, not affected by hospital treatment. The treatment of an alien under 88 140.11-140.21, shall not be construed to alter in any manner the status of the alien with reference to his right to enter or remain in the United States, nor to affect in any manner the lia
*For statutory citation, see note to 8 140.1.