[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR252.5]



[Page 612-613]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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, 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



[[Page 613]]



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]