Interim Decision #3110 

MATTER OF EASTERN AIRLINES, INC., FLIGHT #798 

In Fine Proceedings 

MIA-10/12.3124 

Decided by Board January 23, 1989 

(1) In fine proceedings under section 273 of the Immigration and Nationality Act, 8 

U.S.C. § 1323 (1982), liability cannot be avoided by proof that the alien passenger has 

lawful permanent resident status if he did not have proper entry documents in his 

possession at the time of his arrival. 

(2) Fine liability cannot be avoided even if the alien was subsequently admitted as a 

returning lawful permanent resident alien where the alien did not have proper entry 

documents at the time of his arrival. 

(3) Remission of a fine is not warranted where the carrier was correct in believing that 

the alien passenger had lawful permanent resident status if the alien did not have 

documents in his possession at the time of his arrival which entitled him to admission 

on the basis of such status. 

In re: Eastern Airlines, Inc., Flight #798, which arrived at Miami, Florida, on 

December 9, 1985, from Jamaica. Alien passenger involved: Dora Carnegie. 

BASIS FOR FINE: Act of 1952—Sec. 273(a) [8 U.S.C. § I323(a)j—Bringing to the 

United States alien not in possession of unexpired 

visa 

ON BEHALF OF CARRIER: E.D. Perry, Manager 

System Facilitation 

Eastern Airlines, Inc. 

Miami International Airport 

Miami, Florida 33148 

BY: Morris, Acting Chairman; Vacca, Board Member, Williams, Temporary Board 

Member 

In a decision dated May 20, 1986, the district director imposed an 

administrative fine in the amount of $1,000 on Eastern Airlines, Inc., 

("the carrier") for violating section 273(a) of the Immigration and 

Nationality Act, 8 U.S.C. § 1323(a) (1982). The district director has 

certified his decision to this Board pursuant to the provisions of 8 

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Interim Decision #3110 

C.F.R. § 3.1(c) (1988). The decision of the district director will be 

affirmed. 

The carrier brought the above-named alien passenger to the United 

States from. Jamaica on December 9, 1985. Although the alien 

passenger was a lawful permanent resident of the United States, she 

did not have an Alien Registration Receipt Card (Form I-151) or a 

reentry permit in her possession when she was presented for inspection. See generally 8 C.F.R. § 211.1 (1988). Consequently, the district 

director issued a Notice of Intention to Fine (Form I-79) on December 

20, 1985, in which he alleged that the carrier was liable for a $1,000 

fine under section 273 of the Act for bringing an alien to the United 

States from Jamaica without an unexpired visa or a reentry permit. 

The carrier did not respond to the Notice of Intention to Fine. 

Apparently the district director had reservations about imposing a 

fine in view of the fact that the alien passenger had lawful permanent 

resident status. In any event, the district director certified his decision 

to this Board for review on May 20, 1986. On July 7, 1986, the district 

director received a later from the carrier in which the carrier 

contended that a $1,000 fine was excessive and unjustified in the 

circumstances of this case. The district director forwarded this letter to 

the Board. 

The carrier has not been able to determine what occurred when the 

alien passenger was boarded at Jamaica. The carrier alleges, however, 

that its general procedures for such situations were followed. According to the carrier, when an alien without proper documents claims to 

be a lawful permanent resident of the United States, reasonable 

diligence is exercised to ascertain whether the alien has such status. If 

the carrier is satisfied that the claim is true, the alien is then taken to 

the United States. 

We agree with the district director's decision. For fine purposes 

under section 273 of the Act, it does not matter whether an alien 

passenger actually has lawful permanent resident status. The dispositive factor is whether the alien has proper entry documents in his 

possession at the time of his arrival. See Matter of M/V "Emma," 18 

I&N Dec. 40 (BIA 1981). Moreover, fine liability cannot be avoided 

on the basis of the fact that the alien passenger was eventually 

admitted to the United States as a returning lawful permanent 

resident. See Matter of M/V "Runaway," 18 MEN Dec. 127 (BIA 1981). 

We are satisfied, therefore, that fine liability has been established 

under section 273 of the Act in this case for bringing an alien passenger 

to the United States who did not have proper entry documents in her 

possession at the time of her arrival. 

The next issue is whether remission is warranted under the 

provisions of section 273(c) of the Act in the circumstances of this 

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case. Section 273(c) of the Act permits remission (forgiveness in full) 

in one situation only: where it appears that prior to the alien's 

departure from the last port outside the United States, the carrier did 

not know, and could not have ascertained by the exercise of reasonable 

diligence, that the individual transported was an alien and that a visa 

was required. Matter of M/V "Emma," supra. 

The carrier apparently made an effort to ascertain whether the alien 

passenger was a lawful permanent resident of the United States. The 

carrier, however, knew, or should have known, that the alien passenger 

did not have documents in her possession that would entitle her to 

enter the United States on the basis of such status. We conclude, 

therefore, that remission of the $1,000 fine is not warranted under 

section 273(c) of the Act. 

Accordingly, the following order will be entered. 

ORDER: The decision of the district director is affirmed. 

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