111Ai-rf.0 or PI.:9 NE "F-131-1SQ" 

In FINE Proceedings 

NYC-10/52.232 

Decided by Board M arch, 1,1962 

Fine--Section 273(a)—Waiver of documents or parole not a defense to liability. 

The grant of a waiver of documents or parole to an applicant for temporary 

admission subsequent to arrival is no defense to liability of the carrier under section 273(a) for bringing to the United States an alien who lacks a 

visa, if a visa Is required by law or regulation. 

Basis FOE FINE: Act of 1952—Section 273(a) [8 U.S.C. 1323]. 

BEFORE THE BOARD 

DISCUSSION: This appeal is directed to an administrative penalty of $1,000 which the District Director at New York has ordered 

imposed on Compagnie Nationale Air France, as owners, agents, 

charterers or consignees of Aircraft F-BHSQ, Flight 011, which 

arrived at the port of New York from Paris, France, on July 3, 

1961. The specific violation charged is that said carrier brought to 

the United States from a place outside thereof alien passenger 

H—B— who- required but lacked an unexpired visa or other document in lieu thereof valid for admission into the United States. 

The request for remission of the fine will be denied and the appeal 

dismissed. 

it appears from the record before us that the following material 

facts exist without substantial controversy. The person here involved is a male alien, a native and national of Germany, whom the 

carrier embarked at Paris, France, as a passenger for the trip to the 

United States. Upon arrival in this country, 8upra, he was presented to the examining immigration officer as an alien coming to 

the United States for a temporary visit. He had a valid German 

passport but did not have an unexpired visa or other document in 

lieu :,hereof valid for his admission into the United States. The 

examining immigration officer determined that he could not be admitted to the United States because he did not have an unexpired 

visa, such visa being required under the provisions of the immigration laws and the regulations promulgated pursuant thereto. How595 
ever, the alien passenger was paroled for a period until July 25, 

1961, and apparently departed from the United States in accordance with the terms thereof. 

This statute calls for the imposition of a penalty of 81000 as to 

each alien passenger which a carrier brings to the United States 

from a place outside thereof who requires but lacks an unexpired 

visa or valid lieu document. The foregoing facts of record establish 

that we are here confronted with precisely such a situation. Therefore, liability to fine has been incurred. 

It is no defense to imposition of the penalty that the passenger 

was, by virtue of his parole, permitted to accomplish the purpose 

of his coming to the United States. The reason is that his parole 

did not constitute his "admission" into the United States. In the 

eyes of the law, after the 'parole he stood at the threshold of this 

country still seeking admission (Leng May Ma v. Barber, 357 U.S. 

185). Thus, the action of the Service in paroling the alien passenger into the United States had no bearing whatsoever upon the 

question of the carrier's liability to fine for bringing him to the 

United States from foreign without proper documents. 

We reject the carrier's claim that it is entitled to remission of 

this penalty on the ground that it exercised due diligence in accepting this passenger for transportation in the belief that he would be 

the beneficiary of a visa waiver under 8 CFR 212.1(f) because his 

case involved an unforeseen emergency. In this connection, the 

carrier asserts that the alien passenger had been designated to come 

to the United States at the last minute as a substitute for an engineer of his company scheduled to come to New York on urgent 

business. It claims that its representative abroad who embarked 

the passenger ascertained these facts prior to permitting the passenger to board the aircraft for' the trip to the United States.' 

Under this statute, the carrier had the duty of ascertaining, prior 

to his embarkation, that the alien passenger was in possession of 

documents valid for admission into the United States. It does not 

contemplate that this or any other carrier will embark aliens for 

the United States when they lack visas, with the hope that liability 

can be avoided by the granting of a waiver or parole to the individual alien subsequent to his arrival in this country. This section 

of the law was clearly enacted to prevent speculation such as this 

on the part of the carrier's bringing aliens to the United States. 

ORDER: It is ordered that the request for remission of the fine 

be denied and that the appeal be and the same is hereby dismissed. 

The Service report on this aspect of the case, dated July 11, 1961, reflects 

that the pasienger advised the examining immigration officer that he was 

never examined by any Air France personnel at any time and that he was 

allowed to board the above-mentioned flight without any difficulty. 

596