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Chapter 06 - Deportation

Chapter 06 - Deportation

41.0601 Voluntary departure.


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 by the Board if that person voluntarily departs from American Samoa at his own expense.

41.0602 Immediate deportation when-Exception.


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 vessel or aircraft bringing him unless the Attorney General, in an individual case, in his discretion, concludes that immediate deportation is not practicable or proper. Any person violating this section shall be sentenced as for an infraction.

41.0603 Persons responsible for expenses.


(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 the vessel or aircraft in which the person arrived has left American Samoa and it is impracticable to deport him within a reasonable time by another vessel or aircraft owned by the same person or company, the costs of deportation may be paid by the government and the owner shall be responsible for reimbursement.

41.0604 Responsibilities of vessel and aircraft owners.


(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 aircraft when required by this title to do so;

(3) fail or refuse to pay the costs of maintaining a person being detained as required by this chapter;

(4) fail or refuse to remove a deported person from American Samoa to whence he came;

(5) knowingly bring into American Samoa any person excluded or deported under any provision of law until that person is legally entitled to apply for admission.

(b) It shall be the duty of every person, including the owners, masters, captains, officers, and agents of vessels or aircraft bringing an alien to, or providing a means for an alien to come to, American Samoa to prevent the landing of such alien in American Samoa at a point of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers.

(c) It shall be the duty of every person, including the owners, masters, captains, officers, and agents of vessels or aircraft bringing an alien to, or providing a means for an alien to come to, American Samoa to prevent the landing of such person in American Samoa without the required documents listed in 41.0502 A.S.C.A., unless otherwise relieved of such duty in writing by the Attorney General.

(d) Any such person, owner, master, captain, officer or agent who fails to comply with the foregoing requirements shall be liable for a penalty to be imposed by the Attorney General of up to $1,000 for each such violation. Such penalty shall be a lien upon the vessel or aircraft whose owner, master, officer, or agent violates the provisions of this section, and such vessel or aircraft may be libeled therefor in the High Court of American Samoa.

41.0605 Deportation hearing.


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 reason of the person’s incompetency it is impractical for him to be present; in which case the Board shall prescribe the necessary and proper safeguards for his rights and privileges.

41.0606 Failure to attend proceedings.


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.

41.0607 Proceedings before the Board.


(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.

41.0608 Presentation of evidence.


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, examine and cross-examine the parties or witnesses in the proceedings.

41.0609 Filing of decision.


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.

41.0610 Arrest-Detention-Release.


(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) be released under a bond for an amount not less than the cost of one-way transportation to the country, from where he came plus $100, with security approved by the Attorney General, and containing such conditions as the Attorney General may prescribe;

(3) be released on conditional parole.

41.0611 Revocation of bond or parole.


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.

41.0612 Custody of deportees.


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.

41.0613 Reentry by deportees.


(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) Any person ordered deported for any reason other than set forth in subsection (a) is prohibited from reentering American Samoa for five years, and for ten years is not eligible under the numerical limitations of chapter 03.

(c) Any person remaining in American Samoa beyond the time allowed by law or the Board who voluntarily departs before a hearing is held by the Board is prohibited from reentering American Samoa for any purpose for one year.

(d) The Board may impose such other conditions on reentry as are warranted by the circumstances of each case.

41.0614 Procedure exclusive.


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 require an alien to depart and remain outside of American Samoa during part or all of an otherwise lawful term of probation, pursuant to an otherwise lawful order of civil or criminal commitment.

41.0615 Excludable persons.


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 insanity;

(4) persons affected with psychopathic personality, or sexual deviation, or a mental defect;

(5) narcotic drug addicts and alcoholics;

(6) persons having any contagious disease;

(7) persons who are paupers, professional beggars, or vagrants;

(8) convicted felons;

(9) persons who have been convicted of 2 or more crimes regardless of whether the conviction was in a single trial or whether the offense has arisen from a single scheme of misconduct and regardless of whether the offense involves moral turpitude;

(10) persons who have been convicted of a crime involving moral turpitude or admit having committed such a crime, or admit committing acts which constitute the essential elements of such a crime; except persons who have committed only one such crime while under the age of 18 years unless the crime resulted in confinement in a prison or correctional institution;

(11) persons who are polygamists, practice polygamy or advocate the practice of polygamy;

(12) persons who:

(A) are prostitutes;

(B) have engaged in prostitution;

(C) are coming into American Samoa solely principally, or incidentally to engage in prostitution;

(D) directly or indirectly procure, attempt to procure or have procured. Or have attempted to procure or import persons for the purpose of prostitution or for any other immoral sexual purpose;

(E) Are or have been supported by, or have received in whole or in part, the proceeds of prostitution;

(F) Are coming into American Samoa and engaging in any other unlawful commercial vice whether or not it relates to prostitution;

(13) Persons who, in the opinion of the Board at the time of application for admission, are likely at any time to become public charges;

(14) Persons who have been previously excluded from admission or deported and who again seek admission within the time prohibited by law or regulation of the Board;

(15) stowaways;

(16) persons who seek to or have procured a visa or other documentation, or seek to enter the United States or American Samoa, by fraud or by willfully misrepresenting a material fact;

(17) except as otherwise specifically provided in this title, any person who at the time of entry into American Samoa is not in possession of a valid entry document as required by this title and rules issued by the Board;

(18) any person accompanying 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;

(19) any person who 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;

(20) persons who advocate or teach, or are members of or 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;

(21) persons who have stayed beyond the time allowed in their entry permit or granted by the Board;

(22) persons who have 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;

(23) any person who 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;

(24) persons who are not American Samoans and who have accepted voluntary departure in lieu of deportation, exclusion or arrest or who have been deported or excluded by the United States.

41.0616 General classes of deportable aliens.


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.

41.0617 Hardship cases.


(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 a minor, unmarried, adopted child) of a person lawfully admitted for permanent residency and that the exclusion of the spouse or child will result in extreme hardship to the lawful resident of his or her spouse, parent, son or daughter and the admission will not be contrary to the safety or security of American Samoa.

(b) The Board may impose such conditions and procedures as it deems advisable or necessary in granting resident status under subsection (a).