41.0512 Temporary exclusion.

Cite as [A.S.A.C. § 41.0512]

Any immigration officer who temporarily excludes an alien under the Act shall report such action promptly to the chief immigration officer and the attorney general in writing. The immigration officer shall, if possible, take a brief sworn question and answer statement from the alien, and the alien shall be notified by personal service of the action taken and the right to make written representations. If the chief immigration officer or the Attorney General is satisfied that the alien is inadmissible to American Samoa under the Act and concludes that such inadmissibility is based on information of a confidential nature, the disclosure of which would be prejudicial to the public interest, safety, or security, he/she may deny any hearing or further hearing by the board and order such alien excluded and deported, or enter such other order in the case as he/she deems appropriate. In any other case, the chief immigration officer or the Attorney General may direct that an immigration officer shall further examine the alien as to his/her admissibility or that the alien be given a hearing before the board. If the chief immigration officer or the Attorney General directs that an alien temporarily excluded be given a hearing before the board, such hearing and all further proceedings in the case shall be conducted in accordance with provisions of 41.0506 of this chapter and other applicable sections of the Act to the same extent as though the alien had been referred to the board by the immigration officer: except that if confidential information, not previously considered in the case, is adduced supporting the exclusion of the alien under the Act, the disclosure of which, in the discretion of the board, may be prejudicial to the public interest, safety, or security, the board may again temporarily exclude the alien under the Act and further action shall be taken as provided in this section.

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