the person interrogated to sign the statement. Whenever such a recorded statement is to be obtained from any person, the investigating officer shall identify himself to such person and the interrogation of that person shall be under oath or affirmation. Whenever a recorded statement is to be obtained from a person under investigation, he shall be warned that any statement made by him may be used as evidence in any subsequent proceeding.

(d) Investigations; refusal to make recorded statement under oath or affirmation. Whenever, in the course of an investigation, admissions or statements are obtained from an alien or statements are made by any other person which indicate that the alien may be subject to arrest and deportation, but the alien or other person refuses to make a recorded statement under oath or affirmation or refuses or is unable to sign the recorded statement by name or by mark, the investigating officer shall make a report in writing to the officer in charge, setting forth the facts admitted or stated as to the alien's status under the immigration laws. This report may be used in support of an application for a warrant of arrest, when the investigating officer certifies that no other evidence to establish the facts stated in the report can be readily obtained. Statements obtained in confidence may be included in such report, without disclosure of their source, only if the officer in charge certifies that in his belief such statements are trustworthy.

(e) Investigations; anonymous information. Information received from a person whose name or address is not disclosed to the investigating officer or is known or appears to be fictitious shall not be used to support an application for a warrant of arrest. Such information shall be used only as a guide to obtaining competent evidence to support the facts alleged.

(f) Investigations; extent of interrogation. Where an alien under investigation, after reasonable questioning, makes no admissions which bring him within a deportable class, interrogation shall cease, and the investigating officer, if he still believes that the alien is subject to deportation, shall attempt to secure from other sources the necessary evidence.*

* §§ 150.1 to 150.14, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, 8 U. S. C. 102; sec. 24, 43 Stat. 166, 8 U. S. C. 222; sec. 1, Reorg. Plan No. V, 5 F. R. 2223; sec. 37 (a), 54 Stat. 675, 8 U. S. C. 458; 8 CFR 90.1. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections.

150.2 (a) Applications for warrants of arrest. Whenever it is found, after preliminary investigation, that a prima facie case for the deportation of an alien exists, application for a warrant of arrest shall be made. The application shall be in writing, shall set forth the grounds upon which it is made and shall be accompanied by the supporting evidence and, if available, by the alien's registration number under the Alien Registration Act, 1940.

(b) Applications for warrants of arrest; verification of landing. In all cases in which official records of an alien's arrival exist, and in which there is a time limitation as to the institution of deportation proceedings, or in which knowledge of the time, place and manner of the alien's last entry is necessary for a proper

determination of the case, the application shall be accompanied by a certificate of admission obtained from the officer in charge at the port where landing occurred. Where in such cases a certificate of admission is not promptly procurable, the application for a warrant may be submitted without the certificate of admission, but the reason therefor shall be reported and the certificate forwarded as soon as obtained.

(c) Applications for warrants of arrest; criminal cases. Whenever an application for a warrant of arrest is based on conviction for crime in the United States, it shall be accompanied by a certified copy of the record of conviction and sentence and, if it is deemed necessary in order to establish that the crime involves moral turpitude, by a certified copy of the information, indictment or complaint, upon which the alien was convicted.

(d) Applications for warrants of arrest; public charge cases. Whenever an application for a warrant of arrest includes the charge that the alien has become a public charge within five years from the date of entry from causes not affirmatively shown to have arisen subsequent thereto, the application shall be accompanied by a certificate of the official in charge of the institution in which the alien is or has been confined, or if the alien is not or has not been confined, by the certificate of a responsible public official having knowledge of the facts, showing that the alien is being or has been maintained at public expense. If the alien became a public charge because of a mental or physical condition, there shall also be submitted, if available, a clinical history of the case prepared by the institution where the alien is or has been confined.

(e) Telegraphic applications for warrants of arrest. A telegraphic application for a warrant of arrest shall be resorted to only when there is likelihood that the alien will leave for parts unknown before a formal warrant can be obtained or when necessary to avoid undue expense to the Government, as where the alien is found and the investigation is conducted at a considerable distance from the nearest immigration office. Such telegraphic application shall state the name of the alien, the grounds for deportation charged, the date and place of the alien's entry and enough of the supporting proof to enable the Central Office to exercise a judgment as to probable cause for the issuance of a warrant. The code supplied by the Central Office shall be used whenever practicable.* (Title III, Alien Registration Act, 1940; 54 Stat. 673, 8 U. S. C. 451-460, inclusive)

150.3 Issuance of warrants of arrest. (a) If it is determined that a prima facie case for deportation has been established, a warrant of arrest shall be issued by the designated official in the Central Office, except that any officer in charge of a district shall have power to issue a warrant of arrest:

(1) In any case within the purview of sections 150.10 and 150.11 of this Part and as provided therein; or

(2) In any other case in which it appears to the satisfaction of such officer that the alien may escape arrest unless the warrant is issued immediately.

*For statutory citation, see note to § 150.1.

(b) In any case where the officer in charge of a district issues a warrant of arrest under paragraph (a) of this section, a copy of the warrant of arrest and of all of the evidence in support thereof shall be immediately forwarded to the Central Office.

(c) Warrants of arrest.may, where necessary, be transmitted by telegraph, such telegraphic warrant to be followed by the formal warrant of arrest.'

150.4 (a) Execution of warrant of arrest. Upon receipt of a telegraphic or formal warrant of arrest, the warrant shall be served upon the alien, and he shall be taken into custody thereunder and fully advised of the cause for his arrest. Copy of the formal warrant of arrest, if arrest is accomplished thereunder, shall be furnished to the alien. Where the arrest is accomplished under a telegraphic warrant, the alien shall be fully advised of the cause for his arrest, given a decoded copy of the warrant of arrest, and furnished with a copy of the formal warrant of arrest as soon as received. If the alien is confined in a penal institution, a copy of the formal warrant shall be filed with the officer in charge of the institution. In cases of mental incompetency, or of children under sixteen years of age, a copy of the warrant shall be served upon the alien's guardian, near relative, or friend whenever possible.

(b) Execution of warrant of arrest; notice to alien of right to counsel and release under bond. The alien, immediately upon being taken into custody, shall be advised of his right to representation by counsel at the hearing to be held under the warrant and of the amount of bail under which he may be released from custody. Similar advice shall be given to the guardian, near relative, or friend, in cases involving mentally incompetent aliens or aliens under sixteen years of age.

(c) Execution of warrant of arrest; identification card to be lifted when alien arrested. If an arrested alien is found to be in possession of a border crossing identification card, such card shall be taken up and retained in the immigration office where the hearing is conducted until the final decision is made in the case.*

150.5 (a) Custody of arrested aliens; release on bond or personal recognizance. The amount of bond under which any alien may be released will be indicated in the warrant of arrest. When the officer in charge is satisfied that a bond in a lesser amount than that stated in the warrant will insure the alien's appearance when wanted, or that the alien may safely be released on his personal recognizance, or paroled to a responsible individual or organization, he is authorized, except as hereinafter provided, to release the alien on bond in an amount less than that set in the warrant but not less than $500, or upon the alien's personal recognizance, or upon parole to a responsible individual or organization, without first securing the approval of the Central Office. When such action is taken the officer in charge shall make immediate report thereof in writing, through official channels, giving his reason therefor. The approval of the form and execution of the bond by the district director or officer in charge shall be sufficient for the release of an alien, pending final approval of the bond by the

*For statutory citation, see note to § 150.1

Central Office. The sureties may justify in real estate or may deposit any public debt obligations of the United States and any bonds, notes, or other obligations which are unconditionally guaranteed as to both interest and principal by the United States, and which are not redeemable within one year from the date on which they are offered for deposit (Treasury Department Circular No. 154, revised as of February 6, 1935). The justification in real estate shall be by two owners, each in double the amount of the penalty of the bond over and above all encumbrances. A surety company authorized by the Treasury Department to transact Federal bond business shall be an acceptable surety. An alien who is serving a sentence of imprisonment for a term of one year or more upon conviction of a crime involving moral turpitude or of a violation of the narcotic laws shall not be released under bond or otherwise upon his discharge from such imprisonment unless specific authorization has been given by the Central Office.

(b) Custody of arrested aliens; removal from institutions. An alien confined in an institution shall not be removed therefrom, in the absence of special instructions, until a warrant of deportation has been served and the Service is completely ready to deport, except in the case of a criminal alien who has served his sentence and is subject to discharge from imprisonment.

(c) Custody of arrested aliens; detention of females; special treatment. Women and children under sixteen years of age shall not be incarcerated in jails or similar places by immigration officials unless such incarceration is unavoidable. If it is necessary to detain such aliens and there is not attached to the immigration station or quarters a room suitable for such purpose, and if such aliens are not already being held in some proper institution, arrangements shall be made, if practicable, for their detention by some philanthropic or similar society, preferably under the control of organizations or persons of the same nationality and religion as the detained aliens. Whenever a woman or child under sixteen years of age is incarcerated in a jail or similar place, a report of such action and of the reasons therefor shall be submitted promptly to the Central Office. Whenever such an alien is placed in the custody of a society for more than a brief period of time, the society shall be requested to submit weekly reports regarding the condition and behavior of the detained alien; and whenever facts or circumstances to justify so doing are developed, a report thereof shall be forwarded to the Central Office.

(d) Custody of arrested aliens; cost of maintenance pending deportation. The cost of maintaining aliens in custody after arrest and pending deportation may be borne by the Government, except that where an alien is an inmate of a public or private institution at the time of the institution of deportation proceedings no expense shall be incurred by the Government until he is taken into physical custody by immigration officers.*

150.6 (a) Hearing; when to be accorded under warrant. After the alien has been taken into custody under a warrant of arrest and has been given a reasonable time to arrange for his defense, including, if desired, representation by counsel, and after

*For statutory citation, see note to § 150.1.

the formal warrant of arrest has been received, if arrest was accomplished under a telegraphic warrant, the alien shall be granted a hearing to determine whether he is subject to deportation on the charges stated in the warrant of arrest. A hearing under a telegraphic warrant of arrest, and prior to the receipt of the formal warrant of arrest, shall be held only on the request of the alien or his counsel, or when, in the discretion of the officer in charge, it is deemed impracticable to await the receipt of the formal warrant. The alien shall be informed of his right to request a hearing upon a telegraphic warrant prior to the receipt of the formal warrant. (b) Hearing; presiding inspector to be other than investigating officer. The immigrant inspector assigned to conduct a hearing under a warrant of arrest shall be referred to as the "presiding inspector." The immigrant inspector who conducted the investigation in the case shall not act as presiding inspector unless the alien consents thereto. The presiding inspector shall rule upon all objections to the introduction of evidence or motions made during the course of the hearing. In cases to which no examining inspector has been assigned pursuant to the provisions of paragraph (n) of this section, the presiding inspector shall conduct the interrogation of the alien and the witnesses in behalf of the Government and shall cross-examine the alien's witnesses and present such evidence as is necessary to support the charges in the warrant of arrest. The presiding inspector shall see that all documentary or written evidence is properly identified and introduced into the record as exhibits by number, unless read into the record. He shall further make sure that, subject to the provisions of paragraphs (d), (e), and (g) of this section, the record is a verbatim report of everything that is stated during the course of the hearing, including the oaths administered, the warnings given to the alien or the witnesses, and the rulings on objections, except statements made off the record with the consent of the alien or his counsel.

(c) Hearing; procedure; notice of charges. At the beginning of a hearing under a warrant of arrest, the presiding inspector shall (1) permit the alien to inspect the warrant of arrest and inform him of the charges contained therein by repeating them verbatim and explaining them in language which will clearly convey to the alien the nature of the charges he must answer; (2) apprise the alien, if not represented by counsel, that he may be so represented if he desires and require him to state then and there for the record whether he desires counsel; (3) place the alien under oath or affirmation; (4) advise the alien of the penalty for perjury; and (5) enter of record as an exhibit, identified by number, the formal warrant of arrest, or a decoded copy of the telegraphic warrant if hearing is held thereunder. The presiding inspector shall further advise the alien of the provisions of paragraph (g) of this section concerning applications for the privilege of departure in lieu of deportation or for suspension of deportation under the provisions of section 19 (c) of the Immigration Act of 1917, as amended, in all cases except those in which the alien is charged with being subject to deportation upon one of the grounds