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41.0806 Cancellation of proceedings.

Cite as [A.S.A.C. § 41.0806]

(a) If an order to show cause has been issued by any officer, the office may cancel the order to show cause or, prior to the actual commencement under a served order to show cause, terminate proceedings thereunder, if in either case he/she is satisfied that the respondent is actually a national of the United States or an American Samoan, or is not deportable under the immigration laws, or is deceased, or is not in American Samoa, or the proceedings was improvidently begun; or after actual commencement of a hearing such officer may move that the case be remanded to the office on the grounds that it has come to the attention of the office that they are involved in the foreign relations of the United States which require further consideration. Cancellation of an order to show cause or termination of proceedings or remand of a case pursuant to the foregoing shall be without prejudice to the alien or the office. If an order to show cause has been cancelled or proceedings have been terminated pursuant to this section, any outstanding warrant of arrest shall also be cancelled.

(b) The basis and purpose of the prescribed rules in subsection (a) of this section are to empower the immigration office to issue and cancel orders to show cause and to empower the office to request warrants of arrest.

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