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Chapter 02 - General Provisions

41.0201 Definitions.


As used in this title:

(a) The terms defined in 41.0202 ASCA shall have the meanings ascribed to them in thatsection and as supplemented, explained, and further defined in this chapter .

(b) "Act" means the immigration act, as amended.

(c) "Office" means the immigration office.

(d) "Chief Immigration Officer" means the chief immigration officer of the immigration office.

(e) "Board" means the immigration board.

(f) " Attorney General" means the Attorney General of American Samoa.

(g) " Attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory , commonwealth, or the District of Columbia, and is not under any order to any court suspending, enjoining, restraining, disbarring, or otherwise restricting him/her in the practice of law.

(h) Unless the context otherwise requires, "case" means any proceeding arising under any immigration law of American Samoa, Executive Order, or preparation for or incident to such proceeding, including preliminary steps by any private person or corporation preliminary to the filing of the application or petition by which any proceeding under the jurisdiction of the office or the board is initiated.

(i) "Day" when computing the period of time for taking any action provided in this chapter including the taking of an appeal, shall include Saturdays, Sundays and legal holidays, except when the last day of the period so computed falls on a Saturday, Sunday or legal holiday, the period shall run until the end of the next day which is neither a Saturday, Sunday nor a legal holiday.

(j) "Practice" means the act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief or other document, paper, application, or petition on behalf of another person or client before or with the office, or any officer of the office, or the board.

(k) "Representative" refers to a person who is entitled to represent others as provided in 41.0307 of this chapter.

(l) "Preparation", constituting practice, means the study of the facts of a case and the applicable laws, coupled with the giving of advice and auxiliary activities, including the incidental preparation of papers, but does not include the lawful function of a notary public or services consisting solely of assistance in the completion of blank spaces on printed office forms by one whose remuneration, if any, is nominal and who does not hold himself or herself out as qualified in legal matters or in immigration procedures.

(m) "Representation" before the board and the office includes practice and preparation as defined in paragraphs (j) and (l) of this section.

41.0203 Interpreter.


Any person acting as interpreter in a hearing before the board shall be sworn to interpret and translate accurately, unless the interpreter is an employee of the Attorney General or the High Court, in which event no such oath shall be required.