F-0606-1286
Decided by the Board October 16, 1953
Fine — Section 271 of the Immigration and Nationality Act — Liability when alien fails to appear after examination by an immigration officer who directs that she be delivered to the Service for further examination.
Liability for fine was incurred under section 271 of the Immigration and Nationality Act when, after examination by an immigration officer, it was directed that the alien be delivered to the Service and the alien disappeared from the hotel where she was placed because the immigration office was closed at the time of arrival. The carrier's contentions that the alien was properly landed at a designated port of entry and that it is fiction to maintain that she was not landed until after appearance before a board of special inquiry are not tenable since section 271 (b) of the Immigration and Nationality Act provides that proof of the alien's failure to present himself at the time and place designated by the immigration officer shall be prima facie evidence that he has landed in the United States at a time or place other than as designated by the immigration officers.
BEFORE THE BOARD
Discussion: This matter is before us by reason of an appeal from the decision of the District Director of Immigration and Naturalization, Miami, Fla., approving determination of the immigration officer at the same port bearing date May 20, 1953, wherein fine in the amount of $1,000 was imposed against the Area Aerovias Ecuatorianas, C.A., owner or agent of the aircraft as aforesaid, which craft arrived at the port and on the date indicated from a foreign port or place, for violation of section 271 of the Immigration and Nationality Act ( 8 U.S.C., sec. 1321).
Section 271 of the Immigration and Nationality Act provides as follows:
(a) It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in section 238, bringing an alien to, or providing a means for an alien to come to, the United States (including an alien crewman whose case is not covered by section 254 (a)) to prevent the landing of such alien in the United States at a port of entry other than as designated by the Attorney General or at any time or place other than as designated by the immigration officers. Any such person, owner, master, officer or agent who fails to comply with the foregoing requirements shall be liable to a penalty to be imposed by the Attorney General of $1,000 for each such violation, which may, in the discretion of the Attorney General, be remitted or mitigated by him in accordance with such proceedings as he shall by regulation prescribe. 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 appropriate United States court.
(b) Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers.
The facts in this case are set forth in detail in the decision of the aforementioned officer and it is believed unnecessary to discuss these facts again. Briefly, the alien was brought to the United States from Ecuador and upon arrival she applied for admission to this country as a nonimmigrant visitor. Upon examination by the immigration officer it was directed that she be delivered to the United States Immigration Service in Miami, Fla., but at that moment the office of the Service being closed, and the next day being a holiday, further examination could not be accorded immediately, whereupon she was placed in a local hotel. It was subsequently reported that she had left the hotel and her whereabouts were unknown.
The principal contention on the part of the carrier is that the alien was actually landed at a properly designated port of entry, to wit, Miami, Fla., and that it is a fiction to maintain that the alien was not landed until after appearance before a board of special inquiry.
It should be noted, however, that the statute provides that proof that the alien failed to present herself at the time and place designated by the immigration officials shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officials.
This Board has carefully considered all of the evidence of record as well as the representations of the carrier throughout and it is our conclusion that a violation of section 271 of the Immigration and Nationality Act ( supra) is established adequately.
The remaining question is one pertaining to mitigation. The evidence in this regard shows that the alien was not delivered to the Immigration and Naturalization Service as required and that her whereabouts are unknown. In these circumstances there is insufficient evidence before us to warrant or justify mitigation.
Order: It is ordered that the appeal from the decision of the District Director of Immigration and Naturalization, Miami, Fla., be and the same is hereby dismissed.