41.0502 Authority of immigration officer to prevent alien’s departure from American Samoa.

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(a) No person shall depart, or attempt to depart American Samoa if his/her departure would be prejudicial to the interest of American Samoa or the United States Government. Any immigration officer who knows or has reason to believe that the case of an alien in American Samoa comes within the provision of 41.0503 of this chapter shall temporarily prevent the departure of such alien from American Samoa and shall serve him/her with a written temporary order directing him/her not to depart or attempt to depart from American Samoa until notified of the revocation of the order. A stop order shall be placed on such persons so that they cannot leave by airplane, ship or boat. No stop order shall be issued against any person unless there is probable cause to arrest the person except in the case of an alien who may be the subject of a stop order for owing money to the government (ASCA 41.0513 and 11.0 103) and it is signed by an attorney working for the Attorney General.

(b) The written order temporarily preventing an alien, other than an enemy alien, from departing from American Samoa shall become final 30 days after the day or service thereof upon the alien, unless prior thereto the alien requests a hearing as hereinafter provided. At such time as the alien is served with an order temporarily preventing his/her departure from American Samoa, he/she shall be notified in writing concerning the provision of this subsection, and shall be advised of his/her rights to request a hearing as entitled thereto in 41.0504 of this chapter. In the case of an enemy alien, the written order preventing departure shall become final on the date of its service upon the alien and information shall be filed with the Secretary of State of the United States.

(c) Any alien who seeks to depart from American Samoa may be required, in the discretion of the immigration officer, to be examined under oath and to submit for official inspection all documents, articles, and other properties in his/her possession which are being removed from American Samoa upon, or in connection with, the alien’s departure. The immigration officer may permit certain other persons including officials of American Samoa and the United States Government and interpreters to participate in such examination or inspection and may exclude from presence at such examination or inspection any person whose presence would not further the objectives of such examination or inspection. The immigration officer shall temporarily prevent the departure of any alien who refuses to submit to such examination or inspection and may, if necessary to the enforcement of this requirement, take possession of the person’s passport or other travel documents.

History: Rule 3-86. eff 7 Dec 86.