Title 41 — Citizenship, Alienage, and Immigration

(a) The United States Congress has, when considering Organic Acts for American Samoa on several occasions, recognized the rights of the people of American Samoa to determine their political future, and in recognition of the present policy of the United States Government to develo…

(1) As used in this title unless the context requires otherwise: (a) “Alien” means all persons who are not nationals or citizens of the United States of America. “Foreign” also means all persons who are not nationals or citizens of the United States of America, and may be used in…

There is created the Immigration Board of American Samoa, consisting of 5 at-large members, who are nationals of the United States of American Samoan ancestry, appointed by the Governor with the consent and approval of the Legislature. The 5 at-large members shall serve for 5 yea…

The Board shall meet at times and places determined necessary by the chairman for conducting business of the Board. The presence of at least 3 members shall be necessary to constitute a quorum and a vote of the majority will be required to decide any issue. All members of the Boa…

The Board may: (1) hold hearings concerning the status or exclusion of any person other than American Samoans, their spouses and their children, seeking permission to enter or remain in American Samoa; the board shall create and maintain a record of all proceedings conducted befo…

The Administrative Law Judge shall have the power to review all decisions of the Immigration Board pursuant to the provisions of this title, in accordance with A.S.C.A., 4.0601, and subject to the limitations thereto. The Administrative Law Judge shall exercise all powers as pres…

The Attorney General shall be charged with the administrator and enforcement of this title and all other laws relating to the entrance, immigration, registration, and status of aliens, except insofar as this title or such laws relate to the powers, functions, and duties conferred…

(a) Whenever any person makes application for any document required for entry or residence status or otherwise attempts to enter American Samoa, the burden of proof shall be upon that person to establish his eligibility to receive the document and that he is not subject to exclus…

(a) The Trial Division of the High Court of American Samoa may review in a habeas corpus proceeding any determination of the Attorney General concerning detention, release on bond, or parole, pending decision of the deportability. (b) If the High Court finds that the Attorney Gen…

A petition for review may be filed with the Appellate Division of the High Court not later than 15 days from the date of the final decision of the Board; the action shall be brought against the Board as respondent. History: 1984, PL 18-52 § 2, amd 2004, PL 28-17.

(a) The Court may not substitute its judgment for that of the Board as to the weight of the evidence on questions of fact. In reviewing the Board’s interpretation of the evidence, its factual inferences, and its conclusions of law, the court shall give substantial weight to the B…

The filing of a petition under 41.0210 shall not stay the deportation of any person pending determination of the Court unless the court otherwise directs. History: 1984, PL 18-52 § 2, amd 2004, PL 28-17.

The Court may reverse or modify the decision of the Board, or may remand the case for further proceedings, if substantial rights of the petitioner have been prejudiced because the decision of the Board is: (1) in violation of applicable constitutional or statutory provisions; (2)…