41.0616 General classes of deportable aliens.

Cite as [A.S.C.A. § 41.0616]

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 Samoa without inspection or at any time or place other than as designated by the Attorney General or this title, or is in American Samoa in violation of this title, or in violation of any other law of American Samoa;

(3) hereafter, within 5 years after any entry, becomes institutionalized at public expense because of mental disease, defect or deficiency unless the person can show that such disease, defect, or deficiency did not exist prior to his admission to American Samoa;

(4) is convicted of a crime involving moral turpitude committed within 5 years after any entry and either sentenced to confinement or confined therefor in a prison or corrective institution, for a year or more, or who at any time after entry is convicted of 2 crimes involving moral turpitude not arising out of a single scheme or criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial;

(5) has failed to comply with the provisions of 41.0308 unless he establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful, or has been convicted under 41.0311, 41.0312, 41.0313, or 41.0314;

(6) is, or hereafter at any time after entry has been, a narcotic drug addict, or who at any time has been convicted of a violation of, or a conspiracy to violate, any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marijuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marijuana, any salt derivative or preparation of opium or coca leaves or isonipecaine or any addiction-forming or addiction-sustaining opiate;

(7) by reason of any conduct, behavior or activity at any time after entry became a member of any of the classes specified in 41.0615(12); or is or at any time after entry has been a manager, or is or at any time after entry has been connected with the management, of a house of prostitution or any other immoral place;

(8) at any time, shall have, knowingly and for gain, encouraged, induced, assisted, abetted, or aided any other person to enter or to try to enter American Samoa in violation of law;

(9) at any time after entry, shall have been convicted of possessing or carrying in violation of any law any weapon which shoots or is designed to shoot automatically or semi-automatically more than one shot without manual reloading, by a single function of the trigger, or a weapon commonly called a sawed-off shotgun;

(10) at any time within 10 years after entry, shall have been convicted of violating a provision of this title;

(11) at any time after entry, shall have been convicted more than once of violating the provisions of this title;

(12) seeks to procure or has procured a visa or other documentation or seeks to enter or remain in the United States or American Samoa by fraud or by willfully misrepresenting a material fact;

(13) accompanies another person ordered to be excluded or deported and certified to be helpless from sickness or mental or physical disability or infancy, whose protection or guardianship is required by the helpless person;

(14) advocates or teaches, or is a member of or is affiliated with any organization that advocates or teaches the overthrow by force, violence or other unconstitutional means, of the government of the United States or the government of American Samoa;

(15) has stayed beyond the time allowed in his entry permit or granted by the Board;

(16) has violated any provision of this title or regulation of the Board, in addition to any other penalty which may be imposed under any provision of the law;

(17) has issued against him a valid warrant of arrest issued by competent legal authority of any country or territory of which the person is a citizen;

(18) enters for a 30 day visit pursuant to 41.0502 and who is employed without approval or is not within the numerical limitations of chapter 03 of this title;

(19) is fined by the Immigration Board three times or more for being employed illegally pursuant to 41.0409 A.S.C.A.;

(20) at any time shall have, knowingly and for gain encouraged, induced, assisted, abetted or aided any other person to enter or try to enter American Samoa in violation of the law.

History: 1984, PL 18-52 § 2; amd 1987, PL 20-18 § 3.

Amendments: 1987 Subsection (2): added “is” before “in American Samoa”.

Subsections (3) and (4): added “any” before “entry”.

Subsection (7): added “or” between “is” and “at any time”.

Subsection (8): replaced language to make provisions apply “at any tune” and replaced “alien” by “person”.

Subsection (10): replaced “5” with “10”.

Subsections (12) through (20): added.

Case Notes:

Alien who requires status or condition which would be grounds for exclusion if present before entry does not automatically become grounds for deportation if acquired after entry. Sala Falelua v. Immigration Board of American Samoa, App. No. 2445 (3/11/86).

Under territorial immigration statute, the Immigration Board determines only whether an alien is deportable; the decision actually to deport a deportable alien is within the discretion of the Attorney General. A.S.C.A. § 41.0616. Keti v. Immigration Board, 8 A.S.R.2d 107 (1988).

Alien may be deported on the ground of being the object of a valid foreign arrest warrant only when the warrant is issued by his country of citizenship 15 A.S.R.2d A.S.C.A. § 41.0616(17). Rakhshan v. Immigration Board, 15 A.S.R.2d 29 (1990).

Order of deportation must be made by the Attorney General. A.S.C.A. § 41.0616. Rakhshan v. Immigration Board, 15 A.S.R.2d 29 (1990).

Criminal convictions are proper grounds for deportation. A.S.C.A. § 41.0616(4), (6), (9), (10), (11), (16); 8 U.S.C. § 1251(a)(5)m (11), (14), (15), (16. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

Persons deemed deportable under the immigration statute are almost invariably deemed excludable from readmission; but in many circumstances, they be readmitted at the discretion of American Samoa’s Immigration Board and Attorney General. A.S.C.A. §§ 41.0613, 41.0615-16, 41.0617. American Samoa Government v. Falefatu, 17 A.S.R.2d 114 (1990).

Filing of a petition for review of an Immigration Board decision does not automatically stay a final order of deportation made by the Board. A.S.C.A. § 41.0646. Leti v. Immigration Board, 8 A.S.R.2d 107 (1988).