[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR252.5]

[Page 609-610]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 252_LANDING OF ALIEN CREWMEN--Table of Contents
 
Sec.  252.5  Special procedures for deserters from Spanish or Greek ships of war.

    (a) General. Under E.O. 11267 of January 19, 1966 (31 FR 807) and 28 
CFR 0.109, and E.O. 11300 of August 17, 1966, (31 FR 11009), and 28 CFR 
0.110, the Commissioner and immigration officers (as defined in Sec.  
103.1(j) of this chapter) are designated as ``competent national 
authorities'' on the part of the United States within the meaning of 
Article XXIV of the 1903 Treaty of Friendship and General Relations 
between the United States and Spain (33 Stat. 2105, 2117), and ``local 
authorities'' and ``competent officers'' on the part of the United 
States within the meaning of Article XIII of the Convention between the 
United States and Greece (33 Stat. 2122, 2131).
    (b) Application for restoration. On application of a Consul General, 
Consul,

[[Page 610]]

Vice-Consul, or Consular-Agent of the Spanish or Greek Government, made 
in writing pursuant to Article XXIV of the treaty, or Article XIII of 
the Convention, respectively, stipulating for the restoration of crewmen 
deserting, stating that the person named therein has deserted from a 
ship of war of that government, while in any port of the United States, 
and on proof by the exhibition of the register, crew list, or official 
documents of the vessel, or a copy or extract therefrom, duly certified, 
that the person named belonged, at the time of desertion, to the crew of 
such vessel, such person shall be taken into custody by any immigration 
officer without a warrant of arrest. Written notification of charges 
shall be served on the alien when he or she is taken into custody or as 
soon as practical thereafter.
    (c) Examination. Within a reasonable period of time after the 
arrest, the alien shall be accorded an examination by the district 
director, acting district director, or the deputy district director 
having jurisdiction over the place of arrest. The alien shall be 
informed that he or she may have the assistance of or be represented by 
a counsel or representative of his or her choice qualified under 8 CFR 
part 292 without expense to the Government, and that he or she may 
present such evidence in his or her behalf as may be relevant to this 
proceeding. If, upon the completion of such examination, it is 
determined that:
    (1) The individual sought by the Spanish or Greek authorities had 
deserted from a Spanish or Greek ship of war in a United States port;
    (2) The individual actually arrested and detained is the person 
sought;
    (3) The individual is not a citizen of the United States; and
    (4) The individual had not previously been arrested for the same 
cause and set at liberty because he or she had been detained for more 
than 3 months, or more than 2 months in the case of a deserter from a 
Greek ship of war, from the day of his or her arrest without the Spanish 
or Greek authorities having found an opportunity to send him or her 
home, the individual shall be served with a copy of the findings, from 
which no appeal shall lie, and be surrendered forthwith to the Spanish 
or Greek authorities if they are prepared to remove him or her from the 
United States. On written request of the Spanish or Greek authorities, 
the individual shall be detained, at their expense, for a period not 
exceeding 3 months or 2 months, respectively, from the day of arrest to 
afford opportunity to arrange for his or her departure from the United 
States.
    (d) Timely departure not effected. If the Spanish authorities delay 
in sending the individual home for more than 3 months, or if the Greek 
authorities delay in sending the individual home for more than 2 months, 
from the day of his or her arrest, the individual shall be dealt with as 
any other alien unlawfully in the United States under the removal 
provisions of the Act, as amended.
    (e) Commission of crime. If the individual has committed any crime 
or offense in the United States, he or she shall not be placed at the 
disposal of the consul until after the proper tribunal having 
jurisdiction in his or her case shall have pronounced sentence, and such 
sentence shall have been executed.

[62 FR 10388, Mar. 6, 1997]