Title 41 — Citizenship, Alienage, and Immigration
8 chapters · 104 sections in this title.
A.S.C.A. § 41.0601 Voluntary departure
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Deportation proceedings, including the issuance of a warrant of arrest and a finding of deportability under 41.0601 through 41.0617, are not required in the case of any person who admits being deportable because he has remained beyond the time allowed under this title or granted …
A.S.C.A. § 41.0602 Immediate deportation when-Exception
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Any person leaving in American Samoa who is excluded under this title by virtue of failing to have the necessary entry documents as required by 41.0502 shall be immediately deported to the place from where he came, in accommodations of the same class in which he arrived, on the v…
A.S.C.A. § 41.0603 Persons responsible for expenses
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(a) The cost of the maintenance, including detention expenses and expenses incident to detention, as well as the transportation expense of deportation from American Samoa, shall be borne by the owner or owners of the vessel or aircraft on which the deported person arrived. (b) If…
A.S.C.A. § 41.0604 Responsibilities of vessel and aircraft owners
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(a) The owner of any vessel or aircraft may not: (1) refuse to receive any person ordered deported under this chapter back on Board the vessel or aircraft or another vessel or aircraft owned or operated by the same interests; (2) fail to detain any person on Board the vessel or a…
A.S.C.A. § 41.0605 Deportation hearing
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The Board shall conduct proceedings under this chapter to determine the deportability of any person. Determination of deportability shall be made only upon a record made in a proceeding before the Board and the person shall have a reasonable opportunity to be present unless by re…
A.S.C.A. § 41.0606 Failure to attend proceedings
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If any person has been given a reasonable opportunity to be present at a proceeding under this chapter and without reasonable cause fails or refuses to attend or to remain in attendance, the Board may proceed to a determination in a like manner as if the person were present. Hist…
A.S.C.A. § 41.0607 Proceedings before the Board
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(a) Proceedings before the Board shall be in accordance with such rules, not inconsistent with this title, as the Board shall prescribe. The rules shall include requirements that: (1) the person be given such notice as is reasonable under all the circumstances of the nature of th…
A.S.C.A. § 41.0608 Presentation of evidence
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When the Board believes it will aid in making a determination, it may request the Attorney General or require specifically or by regulation that some person be assigned to present the evidence on behalf of the government and that person may then present evidence, interrogate, exa…
A.S.C.A. § 41.0609 Filing of decision
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When a person is ordered deported under this chapter, the decision of the Board shall be filed in such manner as the Board may by rule prescribe. History: 1984, PL 18-52 § 2.
A.S.C.A. § 41.0610 Arrest-Detention-Release
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(a) Pending a determination of any person’s deportability, the Attorney General may order his arrest and detention. (b) Any person taken into custody may, in the discretion of the Attorney General, pending a final determination of deportability: (1) be continued in custody; (2) b…
A.S.C.A. § 41.0611 Revocation of bond or parole
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The bond or parole may be revoked at any time by the Attorney General in his discretion and the person returned into custody under the warrant which initiated the proceedings against him and detained until final determination of the deportability. History: 1984, PL 18-52 § 2.
A.S.C.A. § 41.0612 Custody of deportees
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All persons ordered deported by the Board shall be deemed to be in the custody of the Chief of Police of American Samoa from and after the finding by the Board and may be detained by the Attorney General pursuant to 41.0610. History: 1984, PL 18-52 § 2.
A.S.C.A. § 41.0613 Reentry by deportees
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(a) Any person ordered deported by the Board for remaining in American Samoa beyond the time allowed by law or the Board is prohibited from reentering American Samoa for any purpose for one year, and for five years is not eligible under the numerical limitations of chapter 03. (b…
A.S.C.A. § 41.0614 Procedure exclusive
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The procedure prescribed in this chapter shall be the sole and exclusive procedure for determining deportability of any person under this chapter; provided, however, that nothing in this title is intended to deny or restrict the authority of the High Court of American Samoa to re…
A.S.C.A. § 41.0615 Excludable persons
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Except as otherwise provided in this title, the following classes of persons not permanent residents are excluded from admission into American Samoa and are subject to deportation: (1) mentally retarded persons; (2) insane persons; (3) persons who have had one or more attacks of …
A.S.C.A. § 41.0616 General classes of deportable aliens
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Any aliens in American Samoa, including an alien crewman, shall, upon the order of the Attorney General, be deported, who: (1) at the time of entry was within one or more of the classes of persons excludable by the law existing at the time of such entry; (2) entered American Samo…
A.S.C.A. § 41.0617 Hardship cases
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(a) An excludable or deportable non-American Samoan may be issued permission to remain in American Samoa if it is established to the satisfaction of the Board that he or she is a spouse of a person lawfully admitted for permanent residency, or that he or she is a child (including…