41.0208 Burden of proof.

Cite as [A.S.C.A. § 41.0208]

(a) Whenever any person makes application for any document required for entry or residence status or otherwise attempts to enter American Samoa, the burden of proof shall be upon that person to establish his eligibility to receive the document and that he is not subject to exclusion. If he fails to establish this to the satisfaction of the immigration officer at the port of entry, he may not be eligible to enter American Samoa.

(b) In deportation proceedings against any person, the burden of proof shall be upon that person to show the time, place and manner of entry into American Samoa, but in presenting that proof he shall be entitled to the production of any entry document or other documents and records, not considered to be confidential, pertaining to his entry and in the custody of the Attorney General.

(c) If the burden of proof is not sustained, the person is presumed to be in American Samoa in violation of the law.

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