Secretary of Labor,5 and not by an Assistant Secretary, unless 5 Ex parte Tsuie Shee, 218 Fed. 256. Rule 17. APPEALS. "Subdivision 1. Informing alien as to right of appeal.-Where an appeal lies the alien shall be informed of his right thereto, and the fact that he has been so informed shall be entered in the minutes. Subd. 2. Appeals, how filed.— An alien desiring to appeal may do so individually or through any society admitted to an immigration station or through any relative or friend or through any person, in cluding attorneys, permitted to practice before the immigration authorities. Where such an appeal has been taken any further appeal shall be disregarded. Appeals purporting to be filed on behalf of an alien, but without his knowledge or consent previously obtained, may be ignored. A board member who dissents from a majority vote to admit also may take an appeal. In such a case the alien shall be allowed the same opportunity for representation as though the appeal were his, but his brief or argument must be submitted at the same time that the board member's appeal is forwarded to the bu to appeal before such removal. Any appeal filed more than 48 hours af ter the time of an excluding decision may be rejected by the immigration officer in charge in his discretion. "Subd. 4. Where no appeal lics. -No appeal lies where the decision of a board of special inquiry, based upon the certificate of the examining medical officer, as required by section 17, rejects an alien because (a) he is afflicted with tuberculosis in any form or a loathsome contagious or dangerous contagious disease, or (b) he is an idiot or an imbecile or an epileptic or is insane or feeble-minded, or (c) he is afflicted with constitutional psychopathic inferiority or has any mental defect or is a chronic alcoholic. "Subd. 5. Where appeal lies despite certificate.-When an alien is certified for a physical defect other than tuberculosis in any form or a loathsome contagious or dangerous contagious disease, the board of special inquiry must decide, on the basis of all the evidence (including the certificate) whether or not such certified defect may affect his ability to earn a living. An alien rejected on said ground is entitled to appeal. "Subd. 6. Forwarding appeal record. The complete appeal record shall be forwarded promptly to the bureau with the views in writing of the immigration officer in charge. "Subd. 7. Bonds under section 21.-Where the landing of an alien under bond is authorized, unless different instructions are given, the bond shall be in the sum of $500, $463 such assistant is acting Secretary after the death, resignation, or and the until alien shall not be released it has been furnished and the immigration official in charge has satisfied himself of the responsibilthe sureties. If within a ity of reasonable time after landing under is authorized a satisfactory is not furnished, instructions shall be requested of the bureau. "Subd. 8. Cash deposits under bond bond section a cash 21. If the acceptance of deposit is authorized, the deposit, unless different instructions are given, shall be in the form of apostal money order and in the $500. sum of A receipt for the deposit shall be issued by the officer in charge, showing the object for which the money has been accepted and the disposition to be made thereof. The money order shall be then transmitted to the department, by which it will be deposited in the postal savings bank at Washington, in such manner as to permit the interest accruing thereon to be paid semiannually and transmitted to the person making the cash deposit. Subd. 9. Reopening of cases.Whenever a case is referred back to a board by the bureau or the department in order that additional evidence may be taken, such case is thereby reopened; and after the new evidence has been taken the board shall render a new decision, in which it may in its discretion reaffirm, alter, or reverse its previous decision. The mere action of referring back a case under such circumstances is not to be taken as an indication of any disapproval by the bureau or the department of the board's decision or of what the new decision should be. or "Subd. 10. Requests for reopening. Whenever, either before after receipt of a decision from the bureau or the department affirming an excluding decision, the local immigration officials learn of new evidence of such relevancy and materiality as in their opinion to require that, in justice to the alien or the United States, it be considered by the board, they may stay deportation and request the bureau's permission to reopen the case, at the same time briefly stating the general nature of the new evidence. This usually should be done by letter. Whenever it is necessary to resort to a telegram, such telegram shall be in substantially the following form: re For the purpose of receiving new material evidence, recommend opening case of..... (Very briefly indicate character of new evidence.) "The words 'For the purpose of receiving new material evidence, recommend reopening case of' shall be represented by the code word 'RenThus it will be possible to voy.' phrase the telegram in a few words. Upon receipt of the bureau's permission to reopen, the board again acquires full control of the case as under subdivision 9 hereof. "Subd. 11. Procedure in reopened cases. The hearing in a case reopened before a board of special inquiry shall be of the same nature and be subject to the same conditions, limitations, and privileges as an original hearing before such body. "Subd. 12. Detention expenses during extended time. The immi during the absence or disability of the Secretary. A decision is none the less made by the Secretary when it is written and signed by the Assistant Secretary or the solicitor of the department and approved by the Secretary. The Secretary is not concluded by his ruling and may reverse it. The signature of a preliminary warrant of arrest by the Assistant Secretary does not invalidate it.10 Similar sections of the former statutes did not apply to citizens of the United States, 11 nor to aliens, not Chinese, who had been already admitted into the United States. 12 gration officer in charge may decline, in his discretion, to extend an alien's time te appeal or to delay deportation except on condition that there be deposited a sum of money sufficient to defray the cost of maintenance during the extension or delay granted. "Subd. 13. Application for privilege of reapplying for admission. Aliens rejected or arrested and deported under any provision of the act who apply for admission within one year after such deportation are mandatorily excluded, unless prior to so applying, at either a seaport or a land border port, they shall have obtained the consent of the Secretary to their presenting themselves for examination. (Secs. 3 and 18.) Application for this privilege always shall be submitted to the immigration official in charge at the port where the alien was previously rejected or the immigration official in charge of the district in which the alien was arrested for deportation, and shall be forwarded by such official to the bureau, accompanied by the record previously formulated, unless the bureau already, through warrant or appeal proceedings, has come into possession of such record. The telegraph ing of such application shall be avoided as far as possible and, when granted, always shall be at the expense of the alien or those interested in him both as to the application (which should be prepaid), and telegraphic response from the department (which will be transmitted 'collect'). Aliens rejected solely as 'accompanying aliens,' or deported solely on the ground of being under 16 unaccompanied' may reapply for admission without securing permission in advance." 6 Ibid. 7 Tang Tun v. Edsell, 223 U. S. 673, 683, 56 L. ed. 606. 8 Chin Hing v. White, C. C. A., 234 Fed. 616. 9 U. S. ex rel. Tremaine v. Commissioner of Immigration, 209 Fed. 137. 10 Moy Wing Sun v. Prentis, C. C. A., 234 Fed. 24. 11 Act of March 3, 1903 ch. 1012, 32 St. at 1213; U. S. ex rel. Fischer v. Rodgers, 144 Fed. 711. 12 Redfern v. Halpert, C. C. A., 186 Fed. 150; Ex parte Koerner, 176 Fed. 478; Botis v. Davies, 173 Fed. 996. Contra, Prentis v. Di Giacomo, C. C. A., 192 Fed. 467; Prentis v. Stathakos, C. C. A., 192 Fed. 469. The Act of February 5, 1917, further provides for the deportation of objectionable aliens as follows: "SEC. 19. That at any time within five years after entry, any alien who at the time of entry was a member of one or more of the classes excluded by law; 13 any alien who shall have entered or who shall be found in the United States in violation of this act, or in violation of any other law of the United States; any alien who at any time after entry shall be found advocating or teaching the unlawful destruction of property, or advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law or the assassination of public officials; any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing; except as hereinafter provided, any alien who is hereafter sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who is hereafter sentenced more than once to such a term of imprisonment because of conviction in this country of any crime involving moral turpitude, committed at any time after entry.14 Any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute." 15 A similar section of a former statute was held to be constitutional,16 although that part of the former statute which 18 The Chinese Exclusion Laws Sen. Doc. 64th Cong. 1st Sess. 352. 14 See note 1, supra. When an alien enters into the United States more than once the period runs from the date of his last entry if he has not in the meantime been naturalized. Le Pinna v. Williams, 232 U. S. 78; Lewis v. Frick, 233 U. S. 291; U. S. ex rel. Bauder v. Uhl, C. C. A., 211 Fed. 628. The declaration of an intention to become a citizen, and the taking out of first papers, does not make a man cease to be an alien. U. S. ex rel. Bauder v. Uhl, C. C. A., 211 Fed. 628. 15 This includes the class of what Dryden has termed a mackerel, and in modern slang is called a mack, or pimp; Ex parte Psimoules, 222 Fed. 118; but not the lessor of premises for such an illicit use. Katz v. Commissioner of Immigration, C. C. A., 245 Fed. 316. 16 U. S. v. Williams, 183 Fed. 904; Cf. U. S. v. Weis, 181 Fed. 860. made it a felony to harbor, in a house of prostitution, an alien woman within three years after her entry, was unconstitutional.17 "Any alien who manages or is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists any prostitute or protects or promises to protect from arrest any prostitute; 18 any alien who shall import or attempt to import any person for the purpose of prostitution or for any other immoral purpose. 19 "Any alien who, after being excluded and deported or arrested and deported as a prostitute, or as a procurer, or as having been connected with the business of prostitution or importation for prostitution or other immoral purposes in any of the ways hereinbefore specified, shall return to and enter the United States; any alien convicted and imprisoned for a violation of any of the provisions of section four hereof; any alien who was convicted, or who admits the commission, prior to entry, of a felony or other crime or misdemeanor involving moral turpitude; at any time. within three years after entry, any alien who shall have entered the United States by water at any time or place other than as designated by immigration officials, or by land at any place other than one designated as a port of entry for aliens by the Commissioner General of Immigration, or at any time not designated by immigration officials, or who enters without inspection, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported: "Provided, That the marriage to an American citizen of a female of the sexually immoral classes the exclusion or deportation of which is prescribed by this act shall not invest such female with United States citizenship if the marriage of such alien female shall be solemnized after her arrest or after the commission of acts which make her liable to deportation under this act: 17 Keller v. U. S., 213 U. S. 138, 29 Sup. Ct. 470, 53 L. ed. 737. 18 This contemplates only assistance furnished to enable her to continue her illegal trade, Ex parte Young, 211 Fed. 370. 19 The bringing of a woman for the purpose of concubinage is such an immoral purpose although no prostitution by her is intended or committed. U. S. v. Bitty, 208 U. S. 393, 28 Sup. Ct. 396, 52 L. ed. 543; U. S. ex rel. Bauder v. Uhl, C. C. A., 211 Fed. 628. |