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Part 128—PERSONS ARRIVING BY WAY OF OR FROM

HAWAII; CERTIFICATES

Sec.

Sec. 128.1 Nonimmigrant arriving at 128.5 Citizens of United States reHawaii and proceeding to

siding in Hawaii; issuance mainland; examination.

of certificates. 128.2 Alien residents of Hawaii

128.6 Hawaiian certificates; appliproceeding to mainland;

cations. alien certificates.

128.7 Hawaiian certificates; lost or 128.3 Admission to mainland of

destroyed. aliens described in 88 128.1,

128.8 Hawaiian certificates; form 128.2.

of, preparation.

128.9 Hawaiian certificates; dupli128.4 Failure to present unexpired

cates retained. documents; presumption; 128.10 Hawaiian certificates; canprocedure.

celation. § 128.1 Nonimmigrant arriving at Hawaii and proceeding to mainland; examination. Nonimmigrant aliens arriving at Hawaii who intend later to proceed directly to the mainland of the United States may be admitted at Hawaiian ports for temporary stay or as incident to their transit through the United States to a foreign country (section 3 (2) and (3), Immigration Act of 1924 (43 Stat. 154; 8 U. S. C. 203)), and when so admitted their passports, or documents accepted in lieu of passports, shall be stamped and endorsed. Such aliens need not appear before the District Director in Honolulu for any further endorsement of status, when about to proceed directly to a port of continental United States, provided, the time of their proposed departure from continental United States will be within the period granted, and such departure can reasonably be accomplished.* (47 Stat. 524, sec. 28 (a), 43 Stat. 168; 8 U. S. C. 215, 224 (a))

*$128.1 to 128.10, 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 parenthesis at the end of specific sections.

128.2 Alien residents of Hawaii proceeding to mainland; alien certificates. Aliens residing in Hawaii pursuant to lawful admission for permanent residence who signify to the officer in charge at Honolulu an intention to proceed directly to the mainland

of the United States, and who are legally entitled to do so, shall be furnished alien certificates (Form 1–146) by the said official as evidence of such residence, which certificates shall show date and status of such admission.* (Sec. 1,39 Stat. 874;8 U.S.C. 173; E. O. 1712, Feb. 24, 1913)

128.3 Admission to mainland of aliens described in 88 128.1, 128.2. Aliens of the classes described in 88 128.1, 128.2, arriving at a continental United States port directly from Hawaii shall be admitted upon identification: Provided, That the period for which the alien visitors referred to in 8 128.1 were originally admitted, or for which such admission has been extended, has not expired; that the period of time for transit has not expired, and that sufficient time remains to permit of departure from the United States within the period specified; and: Provided further, That such aliens shall surrender to the appropriate immigration officer the certificates issued under $ 128.2.* (Sec. 28 (a), 43 Stat. 168; 8 U. S. C. 224 (a))

*For statutory citation, see note to 128.1.

128.4 Failure to present unexpired documents; presumption; procedure. When aliens of the classes mentioned in 88 128.1, 128.2 arrive at a continental United States port from Hawaii and fail to present the stamped and endorsed passports, or documents accepted in lieu thereof

described in 8 128.1, or the certificates described in 8 128.2, it shall be presumed that they were not examined when entering Hawaii and, unless they satisfactorily establish lawful admission to Hawaii, shall be reported for arrest on such grounds as may be found applicable. As to those aliens who arrive at a continental United States port subsequent to the expiration of the period for which temporarily admitted, or whose departure will not occur within the period fixed upon for their departure, the examining officers, if satisfied that it is the intention of such aliens only to remain temporarily in the United States, shall advise them of the necessity for and the manner of making application for extension of their stay. Where there is reason to believe that aliens of the class covered by this Part are seeking to remain permanently in the United States, warrant proceedings will be instituted.* (Sec. 19, 39 Stat. 889, sec. 14, 43 Stat. 162;8 U.S.C. 155, 214)

128.5 Citizens of United States residing in Hawail; issuance of certificates. A resident of Hawaii who intends to depart temporarily from that Territory shall be granted a “Certificate of Citizenship-Hawaiian Islands” by the officer in charge at Honolulu, Hawaii, upon proving to the satisfaction of that official that he is a citizen of the United States, a bona fide resident of the Territory of Hawaii and that he actually intends to depart temporarily. Such certificate may be retained by the person to whom issued. If the officer in charge at Honolulu is not satisfied that the applicant is entitled to this certificate, the application shall be denied and the applicant notified that he may appeal to the Attorney General from the adverse decision. Ten dayɛ will be allowed within which to file notice of appeal with such immigration officer. All evidence which was submitted in support of the application shall constitute the record and shall be forvarded to the Central Office in cases where appeals are taken. * (Sec. 1, 39 Stat. 874; 8 U.S. C. 173)

128.6 Hawaiian certificates; applications. Applications for the certificates shall be made on Form 108 and shall be filed in duplicate, one copy to be retained in the office of the officer in charge at Honolulu and one copy to be forwarded to the Central Office, together with a copy of all the evidence on which the certificate was issued.* (Sec. i, 39 Stat. 874; 8 U. S. C. 173)

*For statutory citation, see note to $128.1.

128.7 Hawaiian certificates; lost or destroyed. Duplicate certificates may be issued by the officer in charge at Honolulu upon satisfactory proof that the certificates have been unavoidably lost, destroyed, or mutilated, the Central Office to be advised in each case of the issuance of a duplicate.* (Sec. 1, 39 Stat. 874; 8 U.S. C. 173)

128.8 Hawaiian certificates; form of, preparation. In issuing the certificates described in 8 128.5, care shall be exercised to have the original and duplicate correspond in every detail. The certificate shall be prepared upon typewriter. The seal of the issuing officer should be impressed partly upon the photograph, but in such a manner as not to obscure any part of the face. All blank spaces remaining after writing in the data required to complete the identification of the person to whom the certificate is issued shall be covered by ruled lines so as to prevent the insertion of any additional word or words. Applicants for these certificates shall be required to furnish two suitable unmounted photographs of themselves, printed from the same negative that has not been retouched, representing the subject without hat, full front view, showing both ears, and measuring 2 by 2 inches, the distance from top of head to point of chin to be approximately 114 inches. The photographs should be attached to the original and duplicate of the certificate with care to assure permanency and prevent warping. The height shall be carefully taken and inserted in feet and inches, and in recording, physical marks and peculiarities those which are the most prominent and least likely to be obliterated by lapse of time shall be selected.* (Sec. 1, 39 Stat. 874; 8 U.S. C. 173)

128.9 'Hawaiian certificates; duplicates retained. The duplicates of the certificates shall be filed in the office of the officer in charge at Honolulu, Hawaii, in such order that they may always be accessible for reference.* (Sec. 1, 39 Stat. 874; 8 U.S. C. 173)

128.10 Hawaiian certificates; cancellation. These certificates are issued for the purpose of facilitating travel and are to

presented by the person to whom issued to immigration officers as evidence in proof of citizenship for immigration purposes. The proper holders of such certificates will be admitted at any immigration port of entry. When it is ascertained that such a certificate is in the possession of a person to whom it was not issued, as shown by a comparison of such person with the photograph and personal description appearing thereon, or if at any time it should develop that such certificate was secured through fraud, the certificate shall be taken up and forwarded to the Central Office, with a report of the circumstances and recommendation as to whether it should be canceled. If it should be found that cancellation is proper, the certificate shall be returned to the officer in charge at Honolulu with instructions to mark both the original and duplicate thereof "Canceled” and to file the canceled certificate and duplicate for reference.* (Sec. 1, 39 Stat. 874; 8 U.S. C. 173)

*For statutory citation, see note to $128.1.

Part 130_BOARDS OF SPECIAL INQUIRY

Sec.

Sec. 130.1 Organization; oath of mem- 130.4 Medical examiner as witness. bers.

130.5 Record in illiteracy cases. 130.2 Hearings before boards of in- 130.6 Excluded alien; informed of quiry; procedure; rights of

rights. alien.

130.7 Alien excluded for removable 130.3 Development of facts relating

cause; reopening of case. to penalities incurred by 130.8 Alien certified for mental contransportation company,

dition; right of medical

appeal. $ 130.1 Organization; oath of members. Boards of special inquiry shall be composed of three members. Board shall consist of duly designated immigrant inspectors, one of whom shall act as chairman, except that a duly designated immigration employee may serve as the third member and secretary. At a port of entry where a board of special inquiry is not regularly maintained, and at which a sufficient number of duly designated immigration employees is not available, the officer in charge is authorized, when necessity exists, to create a board which may include other persons, preferably Government officials, determined by the Attorney General as eligible for such service. Every person appointed to serve on a board of special inquiry shall first subscribe to an oath of office.* (Sec. 17, 39 Stat. 887; 8 U. S. C. 153)

88 130.1 to 130.8, 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.

130.2 Hearings before boards of inquiry; procedure; rights of alien. Boards of special inquiry shall determine all cases as promptly as circumstances permit, due regard being had to the necessity of giving the alien a fair hearing. Hearing before the boards "shals be separate and apart from the public"; but the alien may have one friend or relative present after the preliminary part of the hearing has been completed : Provided, First, that such friend or relative is not and will not be employed by him as counsel or attorney; second, that, if a witness, he has already completed his testimony; third, that he is not an agent or a representative at any immigration station of an immigrant aid or other similar society or organization; and, fourth, that he is either actually related to or an acquaintance of the alien.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)

130.3 Development of facts relating to penalties incurred by transportation company. In all cases in which there is any reason, other than the issuance of a surgeon's certificate, for believing that any one of the administrative fines prescribed by the law, and specified in Part 160, may have been incurred, boards shall be careful to develop in the course of their hearings all facts and circumstances material to a determination of the transportation company's liability to such fine.*

130.4 Medical examiner as witness. Where the certificate of the medical examiner fails to describe particularly the nature, *For statutory citation, see note to § 130.1.

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