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(iii) the Act of February 18, 1931, as amended (narcotic);
(iv) any of the provisions of section 19 (a) of the Act of February 6, 1917, as amended, as relates to criminals, prostitutes, procurers, or other immoral persons, the mentally and physically deficient, anarchists, and similar classes; or
(v) section 19 (b) of the Act of February 5, 1917, as amended (smuggling of aliens, unlawful possession of weap;
ons, violation of Title I, Alien Registration Act, 1940); and (2) he has proved good moral character for the preceding five years; and
(3) he is not racially inadmissible or ineligible to naturalization; and
(4) it is found that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such alien.
(c) Issuance of Warrant of Arrest. If, upon the filing of Forms I–256 and I–55, the officer in charge of the district believes from the facts set forth therein that the alien is subject to deportation, and finds that there is no warrant of arrest outstanding, such officer shall issue a warrant of arrest stating the charges upon which he believes the alien to be subject to deportation. If a warrant issues under this paragraph, one copy each of such warrant of Forms I-256 and 1-55 shall be immediately forwarded to the Central Office.
(d) Documents and Investigation Required. Where a warrant of arrest has been issued under this section and Forms I-256 and 1–55 have been accepted as a prima facie showing of eligibility for suspension of deportation, the alien shall be advised (1) to obtain promptly and furnish the officer in charge, official certifications to establish his relationship to those he claims would suffer economic detriment by his deportation, and if such persons are citizens of the United States, evidence of their citizenship, and (2) submit the affidavits of two witnesses, preferably citizens, and if the alien is employed, one from his employer, who can vouch for the alien's good moral character for the preceding five years. The officer in charge shall obtain verifications of such entries of the alien and other persons as are pertinent to the case and shall also cause an investigation to be conducted for the purpose of obtaining facts which will bear upon the alien's claim to eligibility for relief under the provisions of paragraph (b). The investigating officer shall make a written report of his investigation to be included in the record.
(e) Notice to Appear for Hearing; Counsel. When the necessary entries have been verified and the documents required of the alien and the report of the investigating officer have been submitted, the alien shall be notified to appear for a hearing at a time and place to be designated by the officer in charge. If the alien is married and suspension of deportation is sought on the ground of economic detriment to the spouse, the alien shall be required to produce such spouse at the hearing. The alien shall also be informed that he may be represented at the hearing by counsel.
(f) Hearing and Record. Upon the alien's appearance and the service on him of the warrant of arrest, if not previously served, the alien shall be granted a hearing to establish his deport ability and eligibility for suspension of deportation. The presiding inspector assigned to conduct the hearing shall not be the same officer who conducted the investigation except in cases of necessity as determined by the officer in charge. The presiding inspector shall (1) apprise the alien that the purpose of the hearing is to establish the facts as to his deportability and eligibility for suspension of deportation, (2) place the alien under oath or affirmation, (3) advise the alien of the penalty for perjury and that any false answers to any of the questions in the application or General Information Form or at the hearing, may bar him from the relief he requests, and (4) enter of record as exhibits identified by number, copy of the formal warrant of arrest, Form I-256 and 1–55, certifications and affidavits submitted by the alien, the written report of the investigation, and the reports as to records of the alien's entries and of the entries of such other persons as are material to the case. If the alien is married, the spouse shall be questioned for the purpose of determining whether the alien is eligible for suspension of deportation. The presiding inspector may question the alien and, in his discretion, require presentation of other witnesses for examination as to the deportability of the alien or his eligibility for suspension of deportation. At the hearing the alien should be afforded an opportunity to present any evidence he desires in support of his application. The presiding inspector, by questioning the alien and the witnesses, shall attempt to reconcile any discrepancies of fact occurring in the record.
(g) Memorandum of the Presiding Inspector. If, on the basis of the evidence presented as provided in paragraph (f), the presiding inspector is satisfied of the alien's deportability and that he is entitled to the relief sought, he shall prepare a memorandum, stating therein only the grounds for the alien's deportability and that he appears eligible for suspension of deportation under section 19 (C) (2) of the Immigration Act of 1917, as amended. A copy of the memorandum shall be furnished the alien. The entire record shall then be delivered to the officer in charge of the district for transmittal to the Central Office.
(h) Termination of Special Procedure. The special procedure provided for in paragraphs (f) and (g) of this section may be terminated forthwith (1) by the officer in charge of the district at any time prior to the transmittal of the record to the Central Office, upon a determination that the alien may leave for parts unknown, or is failing without cause to prosecute his application, or that the alien's eligibility for suspension of deportation is questionable; or (2) by the Central Office at any time prior to the submission of the record to the Board of Immigration Appeals; or (3) by the Board of Immigration Appeals at any time. If such special procedure has been terminated as herein provided, the alien may be released under bond or on his own recognizance and his case shall be handled as other deportation cases under sections 150.4 to 150.9, inclusive, commencing with the proceedings in mediately following the service of the warrant of arrest. The removal of any case from the procedure provided in this section shall be without prejudice to the alien's application for suspension of deportation.* (Sec. 19 (c), 39 Stat. 889, 54 Stat. 671; 8 U.S. C. 155 (c))
150.11 (a) Special deportation procedure in cases involving recent illegal entrants and alien seamen; when permissible. Notwithstanding any other provisions of this part, any officer in charge of a district shall have power to issue warrants of arrest upon application made direct to such officer by an investigating officer:
(1) In any case in which an alien is believed to have entered the United States illegally from foreign contiguous territory or adjacent islands within 60 days preceding the application for warrant of arrest, and one of the grounds of deportation upon which the application for warrant of arrest is based is
(i) That the alien entered the United States by water at any time or place other than as designated by immigration oflicials; or
(ii) That the alien entered the United States by land at any place other than one designated as a port of entry for aliens by The Commissioner of Immigration and Naturalization; or
(iii) That the alien entered the United States at any time not designated by immigration officials; or
(iv) That the alien entered the United States without inspection. (2) In any case in which an alien seaman is believed to have entered the United States on or after September 1, 1939, in an illegal manner, or after having been admitted to the United States on or after that date as a seaman in pursuit of his calling under the provisions of section 3 (5) of the Immigration Act of 1924, is believed to have remained in the United States for a longer period of time than permitted under the regulations in effect at the time of his admission, and one of the grounds of deportation upon which the application for a warrant is based is
(i) That the alien, at the time of his entry, was an immigrant not in possession of a valid immigration visa and not exempted from the presentation thereof by said act or regulations made thereunder; or
(ii) That the alien, after admission as a seaman, has remained in the United States for a longer period of time than permitted under said act or regulations made there
under. (b) Special deportation procedure as to recent illegal entrants and alien seamen; investigations and applications for warrants of arrest. Investigations and applications for warrants of arrest in cases within the purview of paragraph (a) of this section shall be made in accordance with the provisions of sections 150.1 and 150.2 of this Part.
*For statutory citation, see note to $ 150.1.
(c) Special deportation procedure as to recent illegal entrants and alien seamen; issuance and execution of warrants of arrest; release or detention of alien. When an application for issuance of a warrant of arrest has been made in a case falling within the provisions of paragraph (a) of this section, the officer in charge of the district shall issue the warrant if he is satisfied from the supporting evidence that a prima facie case for deportation has been established. The warrant shall state the grounds upon which the officer in charge of the district believes the alien to be subject to deportation, and, in appropriate cases, may provide for the alien's release under bond in a sum of not less than $500 or on his own recognizance pending further proceedings. The warrant shall be executed in the same manner as though issued by the Central Office.
(d) Special deportation procedure as to recent illegal entrants and alien seamen; hearing and procedure thereunder. The hearing and all further proceedings in the case of an alien arrested upon a warrant issued and executed in accordance with paragraph (c) of this section shall be conducted in the manner prescribed in sections 150.6 and 150.7 of this Part with the following exceptions:
(1) Any alien who desires the privilege of departure in lieu of deportation may make such request at any time during the hearing and such request may be acted upon without the necessity of filing Forms 1-55 and I-255. The presiding inspector shall require the alien to furnish such information as may be available in support of such request.
(2) The presiding inspector, immediately before the hearing is concluded, shall state for the record in the presence of the alien his findings of fact, conclusions of law, and recommendation as to the disposition of the case, and
(3) The alien shall be required then and there to state whether or not he takes exception to such findings of fact, conclusions of law, and recommendation as to the disposition of the case; and he shall be informed that if he does take exception, the record will be submitted to the Board of Immigration Appeals for final decision, and
(4) The transcript of the record, including the findings of fact, conclusions of law and proposed order of the presiding inspector as stated in the record shall be presented to the officer in charge of the district in which the hearing is held.
(e) Special deportation procedure as to recent illegal entrants and alien seamen; disposition of record; issuance of warrant of deportation. In any case conducted in accordance with the provisions of this section, in which the alien has made an exception to the proposed findings, conclusions, and order of the presiding inspector, or in which the alien has applied for suspension of deportation under the provisions of section 19 (c) of the Immigration Act of 1917, as amended, or in which the recommendation of the presiding inspector is for any action other than the deportation of the alien, the transcript of the record shall be forwarded to the Central Office for transmission to the Board of Immigration Appeals for decision. Any other case shall be referred for determination to the officer in charge of the district. If such officer in charge is not satisfied beyond a doubt that the alien is subject to deportation and that his case falls within the provisions of paragraph (a) of this section, he shall forward the record to the Central Office, with a statement of his reasons for so doing. If the officer is satisfied beyond a doubt that the alien is subject to deportation and that the case falls within the provisions of paragraph (a) of this section, he may issue a warrant directing the deportation of the alien upon the charges which have been established by the record. In all cases where a warrant of deportation is issued, a complete copy of the record and of the order of deportation shall be forwarded to the Central Office within 48 hours. Deportation of an alien ordered deported by an officer in charge of a district shall be effected in the same manner as though deportation had been directed by the Board of Immigration Appeals. Any alien who has been ordered deported by an officer in charge of a district may, within five days after such order, if deportation has not been sooner effected, file an exception to the order of deportation giving his reasons in support thereof, and may request that his case be referred to the Board of Immigration Appeals for final decision. Upon the filing of such exception and request, deportation of the alien shall be stayed and the request of the alien, accompanied by the entire record if not previously transmitted, shall be forwarded to the Central Office for transmission to the Board of Immigration Appeals for review and final decision. If the warrant of deportation issued by the officer in charge of the district is confirmed by the Board of Immigration Appeals, deportation shall proceed upon the warrant issued by that officer as soon as notification of such confirmation is received.
(f) Special deportation procedure as to recent illegal entrants and alien seamen; review of deportation order. The Board of Immigration Appeals, notwithstanding the issuance of an order of deportation in the case of any alien by an officer in charge of a district, may cancel for cause such order or otherwise direct what disposition shall be made of the case.
(g) Limitation on special deportation procedure as to alien seamen. The provisions of subparagraph (2) of paragraph (a) of this section relating to alien seamen shall be operative only for the duration of the war which the United States declared existed against Japan on December 8, 1941, and against Germany and Italy on December 11, 1941.* (Sec. 19, 39 Stat. 889, 54 Stat. 671, 8 U. S. C. 155; sec. 3, 43 Stat. 154, 47 Stat. 607, 54 Stat. 711; 8 U.S. C. 203.)
150.12 (a) Execution of warrant of deportation; taking an alien into custody. Upon the issuance of a warrant of deportation or as soon thereafter as the circumstances of the case may require, the alien, if not already in custody, shall be taken into custody thereunder and deported.
(b) Execution of warrant of deportation; aliens confined in penal institutions. No alien sentenced to imprisonment shall be
*For statutory citation, see note to $ 150.1.