Interim Decision #2508 

MATTER OF M/T "DONA RITA" 

In Fine Proceedings 

NYC-10/52.3953 

Decided by Board July 30, 1976 

(1) Alien crewman arrived in New York via British Airways and was inspected and 

admitted into the United States as an alien in transit without a visa enroute to his vessel 

which was do eked in Trinidad. Since his vessel was not in New York, he was taken into 

custody there by the vessel's owners, and subsequently absconded. The Service then 

instituted these fine proceedings against the vessel pursuant to section 254(a)() of the 

Immigration and Nationality Act. 

(2) Section 254(a)(2) of the Act is directed against the carrier which, having brought an 

alien crewman to the United States, fails to detain him on board the vessel after he has 

been refused a landing permit. Since the .M/T "Dona Rita" was not in the United States 

and was not expected to be in the United States, the fine proceedings were unproperly 

instituted anc the fine will be cancelled. 

In re: MIT "D )NA RITA% alien crewman involved: Asadulo Hogue 

Basis for Fine: Act of 1952—Section 254(a)(2) [8 U.S.C. 1284]. 

ON BEHALF Or CARRIER: John C. Lane, Esquire 

Freehill, Hogan & Mahar 

21 West Street 

New York, New York 10006 

The Acting District Director in New York imposed a fine of $1,000 

upon the carrier, with regard to the vessel M/T "Dona Rita," for a 

violation of section 254(a)(2) of the Immigration and Nationality Act, 

and, in a decision dated October 14,. 19'75, he denied a request for 

cancellation of the fine. The carrier has appealed from that decision. The 

appeal will be sustained and the fine will be cancelled. 

Section 2541(a)(2) of the Act provides in pertinent part as follows: 

"The owner, agent, consignee, charterer, master or commanding officer of any vessel or 

aircraft arriving in the United States from any place outside thereof who fails . . . (2) 

to detain any alien crewman on board the vessel . . . after such inspection [as set out in 

section 254(a)(1)] unless a conditional permit to land has been granted such alien 

crewman . . . shall pay to the collector of customs of the customs district in which the 

port of arrival is located or in which the failure to comply with the orders of the officer 

',mum the sum of $1,00.0 for each alien crewman in respect of whom any such failure 

occurs." (Emphasis supplied.) 

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Interim Decision #2508 

The record shows that an alien, a citizen of Bangladesh, was hired in 

Bangladesh as a crewman on the M/T "Dona Rita," which was docked in 

Trinidad. A ticket was purchased for him from Bangladesh to New York 

on British Airways. According to the carrier, the alien was to be flown 

from New York to Trinidad where he would join the vessel. Upon 

arrival in New York he was inspected and admitted as an alien in transit 

without visa through the United States. 

In his decision of October 14, 1975 the Acting District Director states 

that it was the understanding of the Immigration and Naturalization 

Service and British Airways that the MIT "Dona Rita" was in New 

York. Upon learning that the vessel was, not in New York, British 

Airways notified the carrier in New York, who thereupon took custody 

of the alien. The alien subsequently absconded and the Service instituted these proceedings. 

Section 254(a)(2) is directed against the carrier which, having brought 

an alien crewman to the United States, fails to detain him after he is 

refused a landing permit. Since the M/T "Dona Rita" was not in the 

United States and was not expected to be in the United States, fine 

proceedings under section 254(a)(2) were improperly instituted. Accordingly, the appeal will be sustained and the fine will be cancelled. 

ORDER: The appeal is sustained; the fine is cancelled. 

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