Any alien who has been advised that he/she has been accused of violating the immigration laws of American Samoa shall have the right to waive their rights before the board. Any officer may provide a fom1 to any alien who desires to waive their rights that they have been advised that because of the alleged violation he/she may be deported from American Samoa; however, before he/she can be deported the alien has a right to a hearing before the board. The officer shall advise the alien when the board will meet and where: the alien shall be advised that at a deportation hearing before the board, the alien has the following rights:

1. A reasonable notice of the nature of the charge against the alien and the time and place of the hearing;

2. To be represented by counsel of alien’s choice at no cost to the government;

3. A reasonable opportunity to examine the evidence against the alien, to present evidence on the alien’s behalf and cross-examine witnesses:

4. The right to have witnesses subpoenaed to testify before the board on the alien’s behalf:

5. That no decision of deportability will be valid unless it is based on reasonable, substantial and appropriate evidence.

The form shall also advise the alien that because of an overlay in American Samoa beyond the time allowed by law or the board that the alien can be prohibited from reentering American Samoa for five years and not eligible under the numerical limitations of 41.030 1 et seq. of the Act for 10 years. The alien will be required to sign a statement saying that the alien has carefully read the waiver and understands all rights before the board and that therights are waived and the alien does not desire a board hearing, but rather consents to be placed on the next available transportation to the alien’s home. The alien is to receive a copy of the waiver and sign a statement that he/she understands.

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