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41.0205 Powers and duties.

Cite as [A.S.C.A. § 41.0205]

The Board may:

(1) hold hearings concerning the status or exclusion of any person other than American Samoans, their spouses and their children, seeking permission to enter or remain in American Samoa; the board shall create and maintain a record of all proceedings conducted before the board in order to preserve as complete a record as possible for review by the Administrative Law Judge in accordance with A.S.C.A., 4.0601;

(2) deport any alien after the alien has been accorded an opportunity for a public hearing;

(3) hold any other hearing as necessary for the enforcement of this title;

(4) investigate any matter pertaining to enforcement of this title, through a representative authorized by the Board;

(5) subpoena documents and witnesses, compel testimony and cite for contempt;

(6) examine the books, records and accounts of all employers in American Samoa concerning employment of aliens;

(7) make rules and regulations necessary for the enforcement of this title; such regulations shall include requirements as to deportability that;

(a) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held;

(b) the alien shall have the privilege of being represented, at no expense to the government, by such attorney, who is authorized to practice before the High Court of American Samoa, as he shall choose;

(c) the alien shall have a reasonable opportunity to examine the evidence against him, to represent evidence in his own behalf, and to cross-examine witnesses presented by the Government; and

(d) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence; such decisions shall be in writing;

(8) subject to the exception in section 41.0306.1, make rules and regulations concerning the approval or disapproval of aliens to attend school or college, to secure a business license, or to be employed in the Territory;

(9) make available for public inspection all rules and written statements of policy, or interpretations formulated, adopted or used by the Board in discharge of its functions;

(10) make available for public inspection all final orders, decisions and opinions;

(11) delegate any of its administrative duties to the Attorney General or immigration officers of American Samoa;

(12) require the registration of all aliens residing in American Samoa and may photograph and fingerprint those aliens in order to issue identification cards on forms prescribed and prepared by the Board.

History: 1984, PL 18-52 § 2; 2004, PL 28-13, amd 2004, PL 28-17.

Case Notes:

An alien in a deportation proceeding is entitled to cross-examine the government's witnesses, and an improper curtailment of this right constitutes a violation of procedural due process. U.S. Constitution Amend. V; Rev. Const. Am. Samoa Art. I, § 2; A.S.C.A. § 41.0205(7)(c); A.S.A.C. § 41.0807(a). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).

The Immigration Board may deport an alien only after he has been accorded an opportunity for a public hearing. A.S.C.A. § 41.0205(2). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).

Aliens facing deportation hearings are to be given notice which is "reasonable under the circumstances." A.S.C.A. §§ 41.0205(7)(a), 41.0607(a)(1). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).

The Immigration Board's merely announcing a sponsorship's termination fails to meet the notice requirements for a deportation hearing, as the notice must include the time and place of the hearing. A.S.C.A. §§ 41.0205(7)(a), 41.0607(a)(1). Farapo v. American Samoa Government, 23 A.S.R.2d 136 (1993).