Inspector's Field Manual - Gani

Inspector's Field Manual
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made
pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the
sworn declaration, verification, certificate, statement, oath, affidavit, in writing of the person making the same
(other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than
a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by
the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by
him as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: "I declare (or certify, verify, or state) under penalty of perjury
under the laws of the United States of America that the foregoing is true and correct. Executed on (date).
(Signature)".
(2) If executed within the United States, its territories, possessions, or commonwealths: "I declare (or
certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).
(Signature)".
The penalties for perjury contained in 18 U.S.C. 1621 (Perjury generally) provide for fine and imprisonment of
not more than five years, or both. The penalties for perjury contained in 18 U.S.C. 1546 (Fraud and misuse of
visas, permits, and other documents) provide for fine and imprisonment of not more than 10 years, or both.
If the alien declares under oath, pursuant to the advice above, that he or she is a citizen, lawful permanent
resident, refugee, or asylee, order the alien removed under section 235(b)(1)(A) and refer to the immigration
judge for review of the order. Complete Form I-860 after completing all procedures in this chapter. Serve the
Form I-860 on the alien. Serve Form I-259 on the affected carrier, if appropriate. Use Form I-863, checking Box
#4, to refer the removal order to the immigration judge for review. The alien should be detained pending review
of the order by the immigration judge. In the event an alien who has made a verbal claim to citizenship or to
LPR, refugee, or asylee status declines to make a sworn statement, conclude the expedited removal process in the
same manner as any other nonimmigrant in the same situation.
If the immigration judge determines that the individual is not a citizen or is an alien who has never been
admitted as a lawful permanent resident, refugee, or asylee, the expedited removal order will be affirmed and
the alien removed. There is no appeal from the decision of the immigration judge. If the judge determines that
the individual is a citizen, the process is completed and the citizen is released. If the judge determines that the
alien was once admitted as a lawful permanent resident, refugee, or asylee, and that status has not been
terminated, the judge will vacate the expedited removal order and the Service may initiate removal proceedings
under section 240.
17.16 Technical Notes.
(a) Inadmissibility Based on Customs Zero Tolerance Regulations Enforcement. The Customs Service has a
"Zero Tolerance Program" in which subjects found with controlled substances are required to pay a fine in
addition to seizure of the controlled substance. When an alien signs a Customs' Service form "Agreement to Pay
Monetary Penalty," acknowledging that Customs has seized a specified amount of a controlled substance, and
that Customs has fined the alien a specified amount, it will not usually be sufficient to place the alien in removal
proceedings under section 212(a)(2)(A)(i)(II). General Counsel Legal Opinion No. 95-4, "Excludability under
Customs Zero Tolerance Fines, addresses this issue. Generally, for an admission to lead to inadmissibility
under this section, there must be a high degree of specificity as to the basis of the admission. An alien must
admit violating a specific controlled substance statute, with reference to the specific statute and to the factual
elements that would have to be proved to establish a conviction for the offense. As always, Service officers
should be aware of and consider alternative grounds of inadmissibility. The circumstances of a seizure may
indicate for example, that an alien is inadmissible under section 212(a)(2)(C) as an alien who there is reason to
believe is or has been a controlled substance trafficker. When an alien is placed in removal proceedings, this
action should be taken regardless of whether the relevant violation occurred during the current application for
admission or a prior one. In assembling evidence for the proceeding, insure the availability of Customs records.
(b) Inadmissibility after Alien Leaves INS Primary but Remains in Inspectional Area. There are occasions
when an alien, after completing INS primary inspection, is intercepted by another officer of the Service or another
agency and is found to be inadmissible. Such alien may be held for removal proceedings if he or she has not left
the confines of the federal inspection area, regardless of the fact that the passport may have been stamped