Matter of Paa Plane "Flight 896/10", HHW-280.28

• Decision Date: 02 December 1959
• Docket Number: HHW-280.28
• Citation: 8 I&N Dec. 498
• Parties: MATTER OF PAA PLANE "FLIGHT 896/10" In FINE Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

8 I&N Dec. 498

MATTER OF PAA PLANE "FLIGHT 896/10"

In FINE Proceedings

HHW-280.28

Board of Immigration Appeals

Decided by Board December 2, 1959

Fine—Section 273 of 1952 act—Liability is incurred when alien seeking TRWOV privilege lacks valid passport.

Carrier presenting passenger for admission in transit without visa (TRWOV) who is not in possession of passport or other document authorizing her entry into country beyond United States as required by section 238(d) agreement, is held liable to fine under section 273 of the 1952 act.

IN RE: PAA Plane "Flight 896/10," which arrived at Honolulu, Hawaii, from foreign on May 10, 1959. Alien passenger involved: B---- F---- H----.

BEFORE THE BOARD

Discussion: This appeal is directed to an administrative penalty of $1,000 which the District Director at Honolulu has ordered imposed on Pan American World Airways, Inc., owners of the above-described aircraft. The specific violation charged is bringing to the United States from a place outside thereof the above-named alien passenger who was not in possession of an unexpired visa and was not exempt from the presentation of same. The appeal will be dismissed.

There is no dispute as to the basic facts of this case. This female alien passenger, a native of England and a British subject, arrived aboard the above-described aircraft on a flight from Nadi, Fiji. She was not in possession of any type of visa valid for admission into the United States, and was presented by the carrier for admission in transit without a visa (TRWOV). She presented an unrenewed New Zealand passport with an expiration date of January 9, 1959. It contained the following endorsement: "This passport should not be renewed unless evidence of the holder's birth in England is produced." Her passport listed the passenger's birthplace as England and Form I-94 listed her home address as England. She stated that she was destined to England, and her ticket showed that she was booked to depart from Seattle, Washington, for England on May 11, 1959, the day following her arrival in Honolulu. Under these circumstances, and due to the fact that the passenger appeared to be somewhat senile and completely puzzled concerning her situation, she was paroled to continue her trip and she apparently departed from the United States, as per schedule.

The carrier admits that it brought the passenger to the United States, as above, and that she did not possess an unexpired visa or valid passport. However, it...