Interim Decision #2347 

MATTER, OF CESSNA 180 "N4502B" 

In Fine Proceedings 

E LP-10/2.46 

Decided by Board February 20, 1975 

The maximum penalty to be assessed upon the pilot for a violation of section 239 of the 

Immigration and Nationality Act is $500 for each arrival of the aircraft in the United 

States, not $500 for each passenger. Although the pilot intentionally disregarded the 

law by failing to notify the proper authorities upon landing, mitigation of the fine by 

$200 was appropriate wheie the plane had a faulty compass and faulty carburetor 

resultingin a rough and exhausting flight which did not arrive back in the United States 

until a very late hour. 

BASIS FOR FINE: Act of 1952—Section 239 [8 U.S.C. 1229] 

IN RE: Cessna 180 "N4502B", which arrived at El Paso, Texas, from foreign, on Apri129, 

1973. Persons involved: John B. Miller, pilot, Barbara Logan, Stephen Weeks 

and Aleta Nelson. 

ON BEHALF OF APPELLANT: Pro Se 

In a decision dated August 27, 1974, the district director imposed a 

fine of &.'2,000 upon the pilot for violation of section 239 of the Immigration and Nationality Act, and he denied the pilot's request for mitigation 

or remission of the fine. The pilot has appealed from that decision. The 

appeal will be sustained. 

The pilot has conceded that he violated section 239 of the Act when he 

arrived at El Paso, Texas from Mexico on April 29, 1973, without 

notifying the proper authorities in advance and without presenting 

himself or his passengers for inspection. However, the district director 

imposed a fine of $2,000 for that violation, apparently on the theory that 

failure to present each passenger resulted in a separate violation. This 

was error. 

We have held that section 239 contemplates a maximum penalty 

of only $500for each arrival of an aircraft in the United States. Matter 

of Howard Aircraft "N-813," 7 I. & N. Dec. 584 (BIA 1957); see Matter 

of Aircraft No. "N-2476—U," 11 I. & N. Dec. 73 (BIA 1965). Consequently, the pilot is subject only to a fine of $500 stemming from his 

arrival in the United States on April 29, 1973. 

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Interim DeeisiOn #2247 

The pilot has requested mitigation or remission of the fine. He is a 

United Staten citizen, and has stated that he was returning with three 

friends, also United States citizens, from a beach outing in Mexico when 

the -violation occurred. He has alleged that his plane had a faulty compass and a faulty carburetor and that the flight to El Paso had therefore 

been rough and exhausting. He has also stated that he elected not to 

notify the prcper authorities of the arrival "because it was very late and 

I didn't want to bother a customs agent to come out and see four 

beach-tired El Pasoans." 

The District Director noted in his opinion that the pilot had failed to 

report for inspection on another occasion in 1963, but that he had only 

been issued a warning letter by the district director on that occasion. On 

appeal, the pilot has stated that his earlier violation was the result of 

bad weather conditions, and that he had voluntarily notified the Service 

of that violation immediately after it had occurred. 

While we cannot condone the pilot's intentional disregard of the law, 

we believe that under the circumstances some mitigation is warranted. 

Consequently, we will allow mitigation in the amount of $200 and impose 

a fine of $300 upon the pilot. 

ORDER: The appeal is sustained, and the fine permitted to stand is 

reduced to $800. 

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