41.0614 Procedure exclusive.

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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.

History: 1984, PL 18-52 § 2; amd 1991, PL 22-1.

Case Notes:

In a criminal case, a court may require a defendant to leave the territory as a condition of probation and may impose other probationary conditions reasonably related to the purposes of probation beyond those conditions enumerated in the statute. A.S.C.A. §§ 41.0614, 46.2205. American Samoa Government v. Salu, 22 A.S.R.2d 48 (1992).

American Samoa’s Attorney General has the power to “enforce and administer” the laws pertaining to immigration and the status of aliens, and the statutory procedures are the exclusive method for “determining the deportability of any person.” A.S.C.A. §§ 41.01039a), 41.0614. 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).