§ 90.1 Commissioner of Immigration and Naturalization and other selected officials; powers.-Under the general direction of the Attorney General, the Commissioner of Immigration and Naturalization (hereinafter called the Commissioner) shall supervise and direct the administration of the Immigration and Naturalization Service and, subject to the limitations of other provisions of this Part, shall have authority to exercise all powers of the Attorney General relating to the administration of that Service and the administration of the immigration, nationality, and all other laws administered by that Service and shall designate such officers of the Service as he may select, with the approval of the Attorney General, to exercise any power or authority of the Attorney General in the administration of any designated specific provision of such laws. In any instance in which any officer so selected shall be in doubt as to the construction of applicable law or as to the proper principle covering the exercise of discretion, he shall refer the matter to the Commissioner, who shall, after receiving the advice of the General Counsel, either advise as to the appropriate decision, make decision in his own name, or refer the matter to the Attorney General for decision.*

* §§ 90.1 to 90.50, inclusive, issued under the authority contained in sec. 28, 34 Stat. 606, 45 Stat. 1515, 8 U. S. C. 356, 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. 2132, 2223; sec. 37 (a), Pub. No. 670, 76th Cong., 3d sess.; sec. 161, 360 R. S., 5 U. S. C. 22, 311.

90.2 Board of Immigration Appeals. The Board of Review of the Immigration and Naturalization Service is transferred to the Office of the Attorney General. The Board shall hereafter be known as the Board of Immigration Appeals. In the exercise of the powers conferred upon it the Board of Immigration Appeals shall be responsible solely to the Attorney General. There shall be attached to the Board of Immigration Appeals in the Office of the Attorney General a Chief Examiner and such number of examiners as the Attorney General, upon the recommendation of the Board, shall from time to time direct. In the absence of a member of the Board, the Chief Examiner shall have authority to act as member. The Board shall have authority to promulgate, with the approval of the Attorney General, rules of practice governing the proceedings before it, including rules as to the admission and conduct of attorneys practicing before it. The Board shall have authority, with the approval of the Attorney General, to disbar any attorney or other person from appearing in a representative capacity before the Board or before any officers of the Immigration and Naturalization Service.*

90.3 Board of Immigration Appeals; powers. (a) Subject to the provisions of § 90.12 of this Part, the Board of Immigration Appeals in behalf of the Attorney General shall have authority:

(1) To issue orders of deportation after proceedings in accordance with law and regulations; to order the cancelation of warrants of arrest issued in such proceedings; and in connection therewith to exercise such of the discretion conferred upon the Attorney General by law as is appropriate to the disposition of deportation proceedings.

(2) To consider and determine appeals from decisions of boards of special inquiry in exclusion or preexamination cases, and to exercise such of the discretion conferred upon the Attorney General by law as is appropriate to the disposition of such appeals.

(3) To consider and determine all cases of fines and penalties against steamship companies or other carriers for violations of the immigration laws, to recommend to the Assistant Attorney General in charge of the Criminal Division the prosecution of violators of section 10 of the Immigration Act of 1917, and to exercise such of the discretion conferred upon the Attorney General by law as is appropriate to the disposition of such cases.

(4) To consider and determine all advance applications for the admission of aliens under the Seventh and Ninth Provisos to section 3 of the Immigration Act of 1917.

(b) In any of the cases enumerated in this section in which no exception has been filed to the proposed action of the Service a single member of the Board of Immigration Appeals shall have authority, subject to the provisions of § 90.12 of this Part, to act for the Board in reviewing and signing the Board's decision. In all other cases decisions shall be by a majority of the Board; and the decision of the Board shall be evidenced by the signature of its chairman. Whenever any member of the Board shall disagree with the majority, he shall record his dissent, together with his reasons therefor.*

*For statutory citation, see note to § 90.1.

90.4 Board of Immigration Appeals; sessions. The Board of Immigration Appeals will convene for the purpose of hearing oral argument at its offices in Washington, D. C., at 2 p. m. on every week day except Saturday. In computing the time within which oral argument may be fixed pursuant to §§ 90.5, 90.6, 90.7, 90.8, and 90.9 of this Part, Saturdays and Sundays shall be disregarded.*

90.5 Board of Immigration Appeals; oral argument in deportation cases. Oral argument shall be heard, upon request, by the Board of Immigration Appeals in any deportation case in which exceptions have been taken by or in behalf of the alien to the proposed findings of fact, conclusions of law and order of the presiding inspector. At the time of filing such exceptions, an alien or his counsel or representative shall state whether or not an opportunity for oral argument is desired and shall specify a date for such argument. The time for oral argument shall be fixed not less than 3 days nor more than 18 days after the date on which the exceptions are filed, except in cases where the alien is detained at the expense of the Government in which cases oral argument shall be set not more than 5 days from the date of the filing of exceptions. The Board of Immigration Appeals may in its discretion, upon good cause shown in an application by the alien or his counsel or representative, grant permission to file exceptions and requests for oral argument after the time fixed by the officer in charge for such filing has expired. The Board shall have authority, upon its own motion or upon request, to fix or to change the date upon which oral argument is to be heard.* 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, alien seamen who entered the United States on or after September 1, 1939, or who shall hereafter enter the United States and against whom deportation proceedings have been or may be instituted shall be allowed a period of 3 days in which to file exceptions or waive the filing of exceptions to the proposed findings, conclusions, and order of the presiding inspector and to submit a brief, if desired, in lieu of the time specified in § 150.7 (e) of this title. If oral argument before the Board of Immigration Appeals is requested in behalf of such alien seamen, the time for such argument shall be-fixed not more than 3 days from the day notice was given to the alien of the proposed findings, conclusions, and order of the presiding inspector in lieu of the time specified in the preceding paragraph.

90.6 Board of Immigration Appeals; oral argument in exclusion and preexamination cases. Oral argument shall be heard, upon request, by the Board of Immigration Appeals in any case in which an alien has been held by a board of special inquiry to be inadmissible to the United States and has appealed from that decision. Requests for oral argument in such a case shall be made within 48 hours after the alien has appealed from the decision of the board of special inquiry. Requests for oral argument shall be directed to the Board of Immigration Appeals and

*For statutory citation, see note to § 90.1.

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shall specify the date on which the argument is desired. The Board of Immigration Appeals may, in its discretion, grant requests for oral argument received after the time for the making of such requests has expired. The Board shall have authority, upon its own motion or upon request, to fix or to change the date upon which oral argument is to be heard.*

90.7 Board of Immigration Appeals; oral argument in fine cases. In any case in which a notice of intention to fine or a notice of intention to recommend prosecution pursuant to section 10 of the Immigration Act of 1917 has been served upon the owner, charterer, agent, consignee or master of a vessel or upon a transportation company, pursuant to Part 160 or § 168.13 of this title, the said owner, charterer, agent, consignee, master or transportation company, may, within 60 days from the date of service, file with the district director of the district in which the case arose a request for oral argument before the Board of Immigration Appeals. If evidence to show why the proposed fine should not be imposed or why prosecution should not be instituted is submitted, the request for oral argument shall be filed at the time of such submission. The date for oral argument shall be fixed in the request at a time not less than 21 days after the request is made. The Board of Immigration Appeals may, in its discretion, extend the time within which to file evidence or requests for oral argument. The Board shall have authority, upon its own motion or upon request, to fix or to change the date upon which oral argument is to be heard.*

90.8 Board of Immigration Appeals; advance application for exercise of Seventh and Ninth Provisos. Applications for the exercise of the seventh and ninth provisos to section 3 of the Immigration Act of 1917 in advance of the alien's physical application for admission to the United States shall be made by motion in accordance with the provisions of § 90.9.*

90.9 Board of Immigration Appeals; motions. All motions addressed to the Board of Immigration Appeals shall be in writing and, when based upon assertions of fact, shall be supported by affidavits and filed in triplicate with the Board of Immigration Appeals, Department of Justice, Washington, D. C. If oral argument upon a motion is desired, it shall be so stated in the motion papers and the date upon which argument is desired shall also be stated. Argument may be had not less than 2 days and not more than 5 days after the filing of motion papers, unless upon good cause shown or upon its own motion the Board of Immigration Appeals shall set a different date. The Board of Immigration Appeals, in its discretion, may grant or deny oral argument in any case.*

90.10 Board of Immigration Appeals; rehearings. The reconsideration, reargument or reopening of a case after the issuance of a final decision by the Board of Immigration Appeals shall be permitted only upon motion.*

90.11 Board of Immigration Appeals; service of proposed findings, conclusions of law and order. Whenever, in any deFor statutory citation, see note to § 90.1.