(a) The hearing before the board shall be conducted in accordance with the following procedures:

(1) The board shall advise the alien of the rights and privileges accorded to him/her under the provisions of 41.0505 of this chapter.

(2) The board shall enter the record:

(A) a copy of the order served upon the alien temporarily preventing his departure from American Samoa; and

(B) a copy of the notice of hearing furnished the alien.

(3) The alien shall be interrogated by the board as to the matters considered pertinent to the proceedings, with opportunity reserved to the alien to testify thereafter in his/her own behalf, if he/she so chooses.

(4) The board shall receive on behalf of the government such evidence, including the testimony of witnesses in the certificates or written statements of government officials or other persons, as may be necessary and available. In the event such certificates or statements are received in evidence, the alien may request and, in discretion of the board, be given an opportunity to interrogate such official or person, by deposition or otherwise, at a time and place and in a manner fixed by the board; provided, that when in the judgment of the board any evidence relative to the disposition of the case is either a confidential or security nature the disclosure of which would be prejudicial to the interest of the United States, such evidence shall not be presented at the hearing but shall be taken into consideration in arriving at a decision in the case.

(5) The alien may present such additional evidence, including the testimony of witnesses, as is pertinent and available.

(b) Following the completion of the hearing, the board shall make and render a decision in the case, which shall be governed by and based upon the evidence presented at the hearing and any evidence of a confidential or security nature which the government may have in its possession. The decision of the board shall decide :

(1) That the temporary order preventing the departure of the alien from American Samoa be made final; or

(2) That the temporary order preventing the departure of the alien from American Samoa be revoked;

(3) This decision shall be made in writing and shall set forth the board’s reasons for such decision. The alien concerned shall at his/her request be furnished a copy of the decision of the board.

Notwithstanding any other provision of this chapter, the United States Administrator of the Bureau of Security and Counselor Affairs referred to in Section 104(b ) of the Immigration and Naturalization Act of the United States, or such other officers of the Department of State as he/she may designate, after consultation with the Immigration and Naturalization Service of the United States may at any time permit the departure of an individual alien or a group of aliens from American Samoa if he/she determines that such action would be in the national interest. If the Administrator specifically requests the Attorney General of American Samoa to prevent the departure of a particular alien or a group of aliens, the Attorney General shall not permit departure of said alien or aliens until he/she has consulted with the Administrator.

In any case arising in the national interest or the national security for the United States Government, the Administrator shall, at his/her request be kept advised by, in as much detail as he/she may indicate is necessary, of the facts and of any action taken or proposed.

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