EEASTERN AIRLINES

Citations

• 20 I. & N. Dec. 57

Syllabus

EEASTERN AIRLINES, INC., FLIGHT 798, 20 I&N Dec. 57 (BIA 1989) ID 3110 (PDF) (1) In fine proceedingsunder section 273 of the Immigration and Nationality Act, 8 U.S.C. §1323 (1982), liability cannot be avoided by proof that the alien passengerhas lawful permanent resident status if he did not have proper entry documentsin his possession at the time of his arrival. (2) Fine liability cannotbe avoided even if the alien was subsequently admitted as a returninglawful permanent resident alien where the alien did not have proper entrydocuments at the time of his arrival. (3) Remission of a fineis not warranted where the carrier was correct in believing that the alienpassenger had lawful permanent resident status if the alien did not havedocuments in his possession at the time of his arrival which entitledhim to admission on the basis of such status.