500-2026
Decided by Board October 10, 1956
Fine — Section 273, Immigration and Nationality Act — Applicable to Canadian common carrier where Canadian citizen passengers are destined to United States.
Where Canadian citizens with a United States residence purchased transportation in the United States on a Canadian airline for travel from Eugene, Oregon, to Germany via Vancouver, B.C., and return along the same route, the carrier is liable to fine under section 273 of the act for not exercising due diligence in seeing that the passengers on their return trip were in possession of required documents permitting their reentry into the United States. These passengers, although Canadian citizens, were in fact destined to the United States on their return and not to Canada; and the mere fact they sought to reach their destination by way of Canada is immaterial.
BASIS FOR FINE:
Act of 1952 — Section 273 (8. U.S.C. 1323).
BEFORE THE BOARD
Discussion: This matter is before us on appeal from a decision of the District Director at Seattle, Washington, dated April 25, 1956, directing that fine in the amount of $2,000, $1,000 for each alien passenger concerned, be imposed on Canadian Pacific Airlines, Ltd., owners and/or agents of the CPA Plane "Flight 301," which arrived at Vancouver, B.C., Canada from Germany via Holland on December 18, 1955, for bringing to Canada from Europe alien passengers W---- M---- S---- and H---- M---- S----, who were destined to the United States and who were not in possession of unexpired visas.
The male passenger is a 52-year-old alien, a native of Germany and a Canadian citizen by naturalization. The female passenger is his 52-year-old alien wife, a native and citizen of Canada. Both were lawfully admitted to the United States for permanent residence on May 1, 1941.
These alien passengers arrived at Vancouver, B.C., Canada on December 18, 1955, from Amsterdam, Holland. They were then in possession of valid Canadian passports but they were not in possession of unexpired visas or reentry permits valid for admission into the United States. Their inspection was deferred to Seattle, Washington, and subsequent to their applications for admission they were granted waivers of the documentary requirements in their cases pursuant to section 211 (b) of the Immigration and Nationality Act ( 8 U.S.C. 1181 (b)) and 8 CFR 211.3 and were readmitted to the United States.
These alien passengers purchased round-trip air transportation at Eugene, Oregon, for travel to Germany from that point via Vancouver, B.C., Canada, and Amsterdam, Holland, and return to Eugene, Oregon, via the same route. Their travel between Eugene, Oregon, and Vancouver, B.C., both on the outgoing and return trip, was via United Airlines, through whom they purchased the transportation for the entire trip. The appellant here concedes that its ticket agent was not aware that these passengers were not in possession of visas or reentry permits. The alien passengers themselves have stated that they were under the impression that their alien registration receipt cards (Forms I-151) would be sufficient to satisfy the documentary requirements upon their return to the United States from Canada.
The basic contention here is that this Canadian common carrier cannot be held liable to fine under the immigration laws of the United States for bringing to Canada citizens thereof, even though they were destined to the United States and were not in possession of documents valid for admission thereto. The argument is that the law of Canada requires Canadian common carriers to transport Canadian citizens to their homeland. The claim is that the facts of this case bring it squarely within the scope of a long line of administrative decisions so holding, beginning in 1926 (unreported Matter of O----, 55574/659), and reaffirmed by this Board as late as February 10, 1955 (unreported Matter of Plane CF-TFB F-0710-63). We, however, disagree.
Here, the passengers had a United States residence, they purchased their transportation in this country, and they were booked for a round trip from and to a point in the United States. These factors clearly placed the carrier on notice of the true situation. Hence, it did not exercise due diligence when it permitted the passengers to embark for their immediate destination in the United States without seeing to it that they were in possession of the required documents. To hold otherwise would be to render completely ineffective the Canadian Overseas Agreement, to which this carrier is a party.
The basis for the decisions cited by the carrier was that the passengers actually had a Canadian destination, albeit temporary. The evidence of this record, however, establishes that the passengers were in fact destined to the United States and not Canada. The mere fact that they sought to reach their immediate destination by way of Canada is immaterial. We so hold.
The foregoing disposition of the first contention renders moot the question of whether or not Canadian common carriers have the same legal obligation to return naturalized Canadian citizens to Canada as exists in the case of native-born Canadians. Also, the contention that the waiver of documents granted these returning resident aliens constitutes a defense to imposition of a fine is without merit ( Matter of PAA Plane Flight 204, F-0300-7263, B.I.A., December 19, 1955, 6 IN Dec. 810).
On the basis of the foregoing, we find that this appeal must be dismissed. We will now so order.
Order: It is ordered that the appeal be and the same is hereby dismissed.