Title 41, Citizenship, Alienage, and Immigration

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)…