Immigration Act of 1917 (39 Stat. 891; 8 U.S.C. 158), shall make application therefor either direct to the Central Office or by appeal from an excluding decision of a board of special inquiry, and in either case shall show in such application that a bond with approved surety or collateral in the penal sum of not less than $500, conditioned as authorized by said section 21 and on form approved by the Secretary of Labor, has been furnished, or that in lieu of such bond cash of not less than $500 or postal money order of like amount has been deposited for the purposes and subject to the same conditions as prescribed in said bond form. Upon receipt of such application the Central Office may in its discretion authorize the admission of such alien.*† [13-C-1]

PART 14-ASSISTANCE TO ADMITTED ALIENS

Section 14.1 Admitted alien assisted; when. Notwithstanding admission, and for reasons satisfactory to the officer in charge, any alien may remain a few days at an immigration station upon payment of actual expenses. If in such a case the delay in leaving the immigration station is due to accident or other unavoidable circumstances and the alien is without sufficient means to defray the expenses incident thereto, the immigration officer in charge, in his discretion, may authorize such expense, reporting the case promptly to the Central Office with full reasons for his action and requesting that the authorization be ratified. (Sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 8 U.S.C. 102, 222) [14-A-1, Im. R. & Regs., Jan. 1, 1930]

PART 15-APPEALS FROM DECISIONS BY BOARD OF SPECIAL INQUIRY

Sec.

15.1 Who may appeal.

15.2 When no appeal lies.

15.3 Time for filing appeal.
15.4 Forwarding appeal record.

Sec.

15.5 Cases reopened by Central Office or Department.

15.6 Cases reopened at request of local immigration officials.

Section 15.1 Who may appeal. An alien desiring to appeal may do so individually or through any society admitted to an immigration station or through any relative or friend or through any person, including attorneys permitted to practice before the immigration authorities. Where such an appeal has been taken any further appeal shall be disregarded. Appeals purporting to be filed on behalf of an alien but without his knowledge or consent previously obtained may be ignored. A board member who dissents from a majority vote to admit also may take an appeal. In such a case the alien shall be allowed the same opportunity for representation as though the appeal were his, but his brief or argument must be submitted at the same time that the board member's appeal is forwarded to the Central Office. When an alien is certified for a physical defect other than tuberculosis in any form or a loathsome contagious or dangerous contagious disease, the board of special inquiry must decide on the basis of all the evidence (including the medical certificate) whether or not such certified defect may affect his ability to earn a living.

**For statutory and source citations, see note to § 13.1.

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An alien rejected on said ground is entitled to appeal.*t (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-A-1, C-1]

*88 15.1 to 15.6, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 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.

†The source of §§ 15.1 to 15.6 inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.

15.2 When no appeal lies. No appeal lies where the decision of a board of special inquiry, based upon the certificate of the examining medical officer, as required by section 17 of the Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 153), rejects an alien because (a) he is afflicted with tuberculosis in any form or a loathsome contagious or dangerous contagious disease, or (b) he is an idiot or an imbecile or an epileptic or is insane or feeble-minded, or (c) he is afflicted with constitutional psychopathic inferiority or has any mental defect or is a chronic alcoholic.t [15-D-1]

15.3 Time for filing appeal. Appeals must be filed promptly. The officer in charge may refuse to accept an appeal filed after the alien has been removed from an immigration station for deportation, provided the alien has had a reasonable opportunity to appeal before such removal. Any appeal filed more than 48 hours after the time of an excluding decision may be rejected by the officer in charge in his discretion.* [15-B-1]

15.4 Forwarding appeal record. The complete appeal record, including the immigration visa or permit to re-enter the United States, shall be forwarded promptly to the Secretary of Labor through the Commissioner of Immigration and Naturalization.*t (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-E-1]

15.5 Cases reopened by Central Office or Department. Whenever a case is referred back to a board by the Central Office or the Department in order that additional evidence may be taken, such case is thereupon reopened; and after the new evidence has been taken the board shall render a new decision, in which it may, in its discretion, reaffirm, alter, or reverse its previous decision. The mere action of referring back a case under such circumstances is not to be taken as an indication of any disapproval by the Central Office or the Department of the board's decision or of what the new decision should be. (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-F-1]

15.6 Cases reopened at request of local immigration officials. Either before or after receipt of a decision of the Department affirming an exclusion decision, local immigration officials may stay deportation and request permission to reopen the case upon learning of new evidence which in their opinion is of such relevancy and materiality as, in justice to the alien or the United States, requires consideration by the board. Such request should contain a brief statement of the general nature of the new evidence. In emergent cases, the request must be made by code telegram. Upon receipt of permission from the Central Office to reopen, the board again acquires full control of the case as under § 15.5.** (Sec. 17, 39 Stat. 887; 8 U.S.C. 153) [15-G-1]

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**For statutory and source citations, see note to § 15.1.

Section 16.1 Medical officers; to whom responsible. Medical officers detailed for any duty under the immigration law shall, in matters of administration, be under the direction of the officer in charge at the port to which they may be detailed. In considering and determining medical questions such officers are to be guided by the instructions issued by the Surgeon General of the Public Health Service.** (Sec. 16, 39 Štat. 885; 8 U.S.C. 152). [16]

*§§ 16.1 to 16.21, inclusive, issued under the authority contained in sec. 23, 39 Stat. 892, sec. 24, 43 Stat. 162; 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.

†The source of §§ 16.1 to 16.21, inclusive, is Immigration rules and regulations, I&NS, Jan. 1, 1930, edition of Dec. 31, 1936.

16.11 Contagious disorder of alien wife or minor child of naturalized citizen or permanent resident alien. Where an alien, otherwise admissible, is certified upon arrival to be afflicted with any contagious disorder and is (a) the wife or minor child of an alien who is shown to have taken up his permanent residence in the United States; (b) the alien wife of a naturalized citizen married to him abroad prior to his naturalization; or (c) the minor child of a naturalized citizen born abroad to him prior to his naturalization, such alien shall be held until it is ascertained whether the disorder will be easily curable or whether landing can be permitted without danger to others. Deportation shall occur promptly with respect to such wife and minor child when it is ascertained that the disorder is not easily curable or that the alien cannot be landed without danger to others, but if it shall be determined that the disorder is easily curable, and the husband or father or other responsible person is willing to bear the expense of treatment, such alien, if otherwise admissible and upon proper application under section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U.S.C. 159), may be accorded treatment in a hospital until cured and thereupon admitted. Examining surgeons shall include, so far as possible, in their certificate for contagious disorder, statement as to whether or not the disorder will be easily curable and whether or not the person certified can be permitted to land without danger to other persons.*t [17-A-1]

16.12 Hospital treatment of wife or minor child of naturalized citizen; conditions. No application for hospital treatment on be*For statutory and source citations, see note to § 16.1.

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half of the wife or minor child of a naturalized citizen shall be considered unless it affirmatively appears in such application that the applicant or some one in his behalf has deposited with the proper immigration official a sum sufficient to defray the cost of such treatment for a period of 60 days or for a less period if it is estimated that a cure may possibly be effected in less than 60 days, and that a bond has been furnished with approved surety in the penal sum of not less than $500 conditioned that at least 15 days prior to the expiration of the period above referred to a further deposit of cash will be made sufficient to cover the cost of treatment for an additional period of 30 days; and that a remittance of a similar amount every 15 days prior to the expiration of the period covered by such deposit shall be made until the alien is cured and permanently landed or the case otherwise disposed of; and that a sum sufficient to defray the cost of forwarding such alien to final destination will be furnished when and if needed, and, in the event such alien is a person who, from infancy or other cause, will require an attendant to accompany him to final destination if landed, or to the country of origin if eventually deported, that such an attendant or funds sufficient to defray the cost of employing one, will be furnished: Provided, That where it affirmatively appears to the satisfaction of the Department that the husband or father is unable to pay the expense of hospital treatment, such treatment may be accorded at the expense of the appropriation for the enforcement of the Immigration Act.*† (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-C-1]

16.13 Hospital treatment of wife or minor child of resident alien; conditions. No application made on behalf of the wife or minor child of an alien who shall have taken up his permanent residence in the United States shall be considered unless the cash deposit and bond provided for in § 16.12 are furnished as required in said section.*t (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-C-2] 16.14 Hospital treatment; to prevent unusual hardship or suffering. No application for hospital treatment made on behalf of an alien certified by the proper medical officer to be suffering from tuberculosis in any form or from a loathsome contagious or dangerous contagious disease, other than one of quarantinable nature, as provided in section 18 of the Immigration Act of 1917 (39 Stat. 887; 8 U.S.C. 154), shall be considered unless it affirmatively appears to the satisfaction of the Department that to refuse such hospital treatment would be inhumane or cause unusual hardship or suffering: Provided, That if, upon arrival, the condition of the alien is such as to require immediate hospital treatment, such hospital treatment may be accorded when, in the opinion of the official in charge, a denial of such treatment, pending authorization therefor by the Department, will cause unusual hardship or suffering; And provided further, That in such case the action of such official shall be reported forthwith to the Department for the necessary authorization.*t [17-C-3]

16.15 Application for hospital treatment for wife or minor child. Application for hospital treatment arising under the provisions of section 22 of the Immigration Act of 1917 (39 Stat. 891; 8 U.S.C. 159), made in behalf of the wife or minor child of a

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**For statutory and source citations, see note to § 16.1

naturalized citizen or in behalf of the wife or minor child of an alien having a permanent residence in this country, or application for hospital treatment arising under the provisions of section 18 of said Act (39 Stat. 887; 8 U.S.C. 154), shall be made to the officer in charge within the time allowed for filing appeals and by such officer immediately forwarded to the Central Office for presentation to the Department.*+ [17-B-1]

16.16 Naturalization; proof. The presentation of a naturalization certificate and identification of the presenter as the rightful holder thereof shall be accepted as satisfactory proof of naturalization.** (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-D-1]

16.17 Permanent residence; definition. The term "permanent residence" in §§ 16.11, 16.13, and 16.15, shall be understood to mean 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, and shall be established by evidence satisfactory to the Department.*t (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-D-1]

16.18 Hospital treatment; documents to accompany application. The official in charge shall forward with the application a transcript of the board hearing and a certificate of a Public Health Service Surgeon showing the character and extent of the alien's affliction and estimating the duration of treatment required to effect a cure, and may make such recommendation as he deems proper.*t (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-E-1]

16.19 Breach of conditions of bond; consequences. If the application is granted and there is a failure to observe the terms of the bond exacted, report thereof shall be made to the Central Office, to the end that the conditions of the bond may be enforced and the alien deported. Any balance of a deposit remaining unexpended when the alien is cured or released shall be returned to the depositor. The cost of hospital treatment may be charged against the deposit from the time the petition was filed and until the alien has been either admitted or deported.* (Sec. 22, 39 Stat. 891; 8 U.S.C. 159) [17-F-1] 16.20 Alien's right, and transportation company's liability, not affected by hospital treatment. The treatment of an alien under §§ 16.11-16.21, shall not be construed to alter in any manner the status of the alien with reference to his right to enter or remain in the United States, nor to affect in any manner the liability of transportation companies under the Immigration Act of 1917 (39 Stat. 874), and the rules and regulations made in pursuance thereof.*† [17-G-1]

16.21 Citizens treated as aliens; payment of hospital expense. If any arriving passenger apparently an alien is placed in hospital under any provision of §§ 16.11-16.21 that does not require expenses of hospital treatment to be paid by other than transportation companies, and it is subsequently shown that such passenger is in fact a United States citizen, the expense of treatment up to the time satisfactory proof of citizenship is furnished shall be borne by the transportation company or by the vessel on which such passenger arrived.*† (Sec. 15, 39 Stat. 885; 8 U.S.C. 151) [17-H-1]

**For statutory and source citations, see note to § 16.1.

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