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41.0804 Voluntary departure prior to commencement of hearing.

Cite as [A.S.A.C. § 41.0804]

(a) Authorized Officers. The authority contained in 41.0601 ASCA may be exercised by any immigration officer. Any person remaining in American Samoa beyond the time allowed by law or the board who voluntarily departs before a hearing is held by the board is prohibited from reentering American Samoa for any purpose for one year. Any person, ordered deported by the board, remaining in American Samoa beyond the time allowed by law or the board is prohibited in reentering American Samoa for any purpose for one year , and for 5 years is not eligible under the numerical limitations of chapter 3 of the Act.

(b) Authorization. Voluntary departure may be granted to any alien who is statutorily eligible. A person who has voluntarily surrendered him/herself to the office or in whose case the chief immigration officer has determined there are compelling factors to warrant him to grant voluntary departure are eligible.

(c) Period of Time. Any grant of voluntary departure shall contain a time limitation of usually not more than 10 days, and an extension of the original voluntary departure time shall not be authorized except under meritorius circumstances and approved by the Attorney General. Upon failure to depart, deportation proceedings will be pursued.

(d) Application. Any alien who believes him/herself to be eligible for voluntary departure under the Act may apply therefore at the office any time prior to the commencement of the deportation proceedings against him/her or if deportation proceedings have been commenced, any time prior to the commencement of the hearing. Any immigration officer may deny or grant the application and determine the condition under which the alien's departure shall be affected. An appeal shall not lie from a denial of an application for voluntary departure under this section, but the denial shall be without prejudice to the alien's right to apply for relief from deportation under any provision of law.

(e) Revocation. If, subsequent to the granting of an application for voluntary departure under this section, it is ascertained that the application should not have been granted, that grant may be revoked without notice by the chief immigration officer.

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