« iepriekšējāTurpināt »
character, and extent of the physical defect which it is certified may affect the ability of the alien to earn a living, boards of special inquiry shall call such examiner as a witness and interrogate him fully as to the particular nature, character, and extent of the affliction certified. Such testimony shall be made a part of the record.* (Secs. 16, 26, 27, 43 Stat. 163, 166, 167; 8 U. S. C. 216, 145, 146)
130.5 Record in illiteracy cases. In all cases where the reading test is applied and aliens are rejected as unable to read, the board record shall, in addition to the card number, clearly set forth (a) that the alien designated the particular language used in the test, (b) the complete English text appearing on the card, (c) the definite finding by the board as to the degree in which the alien failed to read, and (d) if the alien claims to be within any class exempted from the test, a definite finding by the board as to the validity of such claim.* (Sec. 3, 39 Stat. 875, 41 Stat. 981, sec. 17, 39 Stat. 887; 8 U. S. C. 136 (o), 153)
130.6 Excluded alien; informed of rights, Where an alien is excluded by a board of special inquiry he shall be advised of the decision of said board and the reason therefor, and when entitled to appeal to the Attorney General, he shall be so advised, Provided That the exact language employed in advising alien of his right to appeal, together with a full and accurate transcript of alien's reply, shall be inserted in the record and made part thereof. An excluded alien shall be informed that the return voyage is at the expense of the transportation company which brought him; that such transportation company must return him in the same class in which he came. The fact that he has been so informed shall be entered in the minutes.* (Secs. 16, 17, 18, 39 Stat. 885, 887; 8 U.S. C. 152, 153, 154)
130.7 Alien 'excluded for removable cause; reopening of case. Where an alien is excluded merely because of nonpossession of a visa, or for any cause which can readily be removed or overcome, the case may be reopened within a period of thirty days from the date of original exclusion. Where the statistical month ends prior to final disposition, the case for statistical purposes will be carried into the succeeding statistical month.* (Sec. 17, 39 Stat. 887; 8 U.S. C. 153)
130.8 Alien certified for mental condition; right of medical appeal. An alien certified for insanity or mental defect shall be advised of his right to appeal to a board of medical officers of the United States Public Health Service, and that he may introduce before such board one expert medical witness at his own cost and expense. The exact language employed in so informing the alien of his rights, together with a full and accurate transcript of his reply, shall be inserted in the record and made a part thereof. In the event the alien desires to appeal to such medical board the officer in charge at the port, in conformity with regulations prescribed by the United States Public Health Service, shall make such arrangements with the office of the Surgeon General as may be necessary for the convening of such medical board without the case being first reported to the Central Office.* (Sec. 16, 89 Stat. 885; 8 U. S. C. 152)
*For statutory citation, see note to $ 130.1.
Part 132_READMISSION AND TEMPORARY
Sec. 1321 Aliens returning to uprelin- 132.4 Excludable allens applying at quished domicile; domicile
seaports for temporary addefined.
mission without advance 132.2 Temporary admission from
consent; procedure. contiguous territory; medi- 132.5 Application for admission by cal treatment; mandatorily
allen llable to be excluded. excludable alien. 182.3 Temporary admission
transit denied, without ad-
aliens. 8 132.1 Aliens returning to unrelinquished domicile; domicile defined. Aliens returning after a temporary absence to an unrelinquished United States domicile of seven consecutive years may be admitted in the discretion of the Attorney General and under such conditions as he may prescribe. In such case satisfactory proof of domicile in the United States for seven consecutive years, and of departure therefrom with the intention of returning thereto, will be exacted. Every case of exclusion for any cause in which the alien has given such proof, shall be promptly brought by the official in charge to the attention of the Attorney General, through the usual official channels, with a complete report of the reasons for the alien's exclusion and of the proof which has been offered of continuous and unrelinquished domicile, together with a statement of the duration of the absence. Domicile, for the purposes of this section, means 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.* (Sec. 3, 39 Stat. 875; 8 U.S. C. 136 (p))
*88 132.1 to 132.5, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 166; 8 U. 8. C. 102, 222. Statutes interpreted or applied and statutes giving special authority are listed in parentheses at the end of specific sections
132.2 Temporary admission from contiguous territory; medical treatment; mandatorily excludable alien. Aliens mandatorily excluded and seeking temporary admission from foreign contiguous territory for the purpose of undergoing medical or surgical treatment in the United States may be admitted for such purpose when it appears to the satisfaction of the officer in charge that an emergency exists for immediate medical or surgical aid, and if such alien shall furnish satisfactory guaranty or a bond with approved surety in the penal sum of not less than $500 conditioned that he will depart from the United States when such medical or surgical treatment is completed. Aliens of the class referred to, seeking temporary admission for the purpose of entering a private or public hospital, sanitarium, or medical institution for treatment, may be admitted for such purpose when it satisfactorily appears to the officer in charge that the designated private or public hospital or sanitarium or medical institution which the alien has arranged to enter for treatment has on file with the Central Office a bond covering such case and properly conditioned that aliens treated in such designated hospital, sanitarium, or institution, will depart from the United States when such treatment is completed. In either case above referred to the alien may be required in the discretion of the officer in charge to submit in duplicate an unmounted photograph of himself 2 by 2 inches in size, the distance from the top of head to point of chin to be approximately 144 inches. All other applications made by the mandatorily excluded classes for temporary admission from foreign contiguous territory shall be submitted to the Central Office for special ruling. * (Sec. 3, 39 Stat. 875; U. S. C. 136 (9))
132.3 Temporary admission or transit denied, without advance consent, to certain aliens. Temporary admission to the United States, or for the purpose of proceeding in transit through the United States, or to proceed from a port thereof directly or by way of any other United States port or ports to a foreign port, will not be granted in the case of any alien brought to a seaport of the United States (or in the case of a transit alien who is brought to a designated Canadian seaport), who at the time of arrival is within any of the classes of aliens hereafter described in this section, unless prior to departure from abroad consent shall have been obtained from the Attorney General for the alien's temporary admission to the United States, and if upon arrival he is found not to be within any of such classes other than as stated in the application for such consent; any alien afflicted with idiocy, insanity, imbecility, feeble-mindedness, epilepsy, constitutional psychopathic inferiority, chronic alcoholism, tuberculosis in any form, or a loathsome or dangerous contagious disease, if it appears to the satisfaction of the Attorney General that the alien was so afflicted at the time of foreign embarkation and that the existence of such disease or disability might have been detected by means of a competent medical examination at the time of foreign embarkation, or any alien who is found to be excludable under the provisions of section 3 of the Immigration Act of 1917 (39 Stat. 875; 8 U. S. C. 136), because found to be unable to read, or as a native of that portion of the continent of Asia and the islands adjacent thereto described in said section, if it appears to the satisfaction of the Attorney General that these disabilities might have been detected by the exercise of reasonable precaution prior to the departure of such alien from abroad.
*For statutory citation, see note to § 132.1.
132.4 Excludable aliens applying at seaports for temporary admission without advance consent; procedure. The cases of all aliens of the excludable classes brought to seaports of the United States who apply for temporary admission, except cases within 8 132.3, shall be submitted to the Department for special ruling.* (Sec. 3, 39 Stat. 875; 8 U. S. C. 136 (9))
*For statutory citation, see note to 8 132.1.