41.0607 Proceedings before the Board.

Cite as [A.S.C.A. § 41.0607]

(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 the charges, against him and the time and place of the proceedings;

(2) the person have the privilege of being represented by such counsel as he shall choose;

(3) the person have a reasonable opportunity to examine the evidence against him, present evidence on his own behalf and cross-examine witnesses; and

(4) no decision of deportability be valid unless it is based upon reasonable, substantial and appropriate evidence.

(b) The Board need not adhere to strict rules of evidence.

History: 1984, PL 18-52 § 2.

Case Notes:

Aliens facing deportation hearings are to be given notice which is “reasonable under the circumstances.” A.S.C.A. §§ 41.0205(7)(a), 41.0607(a)(1). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).

The Immigration Board’s merely announcing a sponsorship’s termination fails to meet the notice requirements for a deportation hearing, as the notice must include the time and place of the hearing. A.S.C.A. §§ 41.0205(7)(a), 41.0607(a)(1). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).