41.0801 Order to show cause and notice of hearing.

Cite as [A.S.A.C. § 41.0801]

(a) Commencement. Pursuant to 41.0610 of the Act the Attorney General may order the arrest and detention of any person pending a determination of that person's deportability. Any person taken into custody, may. in the discretion of the Attorney General, pending a final determination of deportability, (1) be continued in custody: (2) be tree on bond for an amount not less than the cost of one-way transportation to the country from where he/she came plus $500, with security approved by the Attorney General and containing such conditions the Attorney General may prescribe: or (3) be released on conditional parole. The Attorney General has delegated to the chief immigration officer the authority to make such arrest in accordance with law. Any person so arrested may appeal the decision to the board. Every proceeding to determine the deportability of an alien in American Samoa to the board is commenced by the issuance and service of an order to show cause by the office, or on appeal by the alien. In the proceedings the alien shall be known as the respondent.

(b) Statements of Nature of Proceedings. The order to show cause will contain a statement of the nature of the proceeding, the legal authority under which the proceeding is conducted, a concise statement of factual allegations informing the respondent of the actor conduct alleged to be in violation of the law and a designation of charges against the respondent and the statutory provisions alleged to have been violated. The order will require the respondent to show cause why he/she should not be deported. The order will call upon the respondent to appear before the board for a hearing at a time and place which may be stated in the order or may be later specified. Respondent shall be notified of the time and place of the hearing not less than 7 days before the hearing date except that where the issuing officer, in his/her discretion, the public interest, safety or security so requires, may schedule the hearing on shorter notice. The issuing officer may, in his/her discretion, schedule the hearing on shorter notice in any other case at the request and for the convenience of the respondent.

(c) Service. Service of the order to show cause may be accomplished either by personal service or routine service: however. when routine service is used and the respondent does not appeal for a hearing or acknowledge in writing that he/she has received the order to show cause, it shall be reserved by personal service. When personal delivery of an order to show cause is made by an immigration officer, contents of the order to show cause shall be explained and the respondent shall be advised that any statement she/he makes may be used against him/her. He/she shall also be advised of his/her rights to representation by counsel of his/her own choice at no expense to the government. He/she shall also be advised of the availability of free legal services programs in American Samoa if any. He/she shall also be furnished with a list of such programs.

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