M/V SARU MERU

Citations

• 20 I. & N. Dec. 592

Syllabus

M/V SARU MERU, 20 I&N Dec. 592 (BIA 1992) ID 3190 (PDF) (1) Fine liability undersection 273(d) of the Immigration and Nationality Act, 8 U.S.C. §1323(d) (1988), is absolute for bringing a stowaway to the United Statesand failing to detain him until he has been inspected by an immigrationofficer, even when the carrier did not know about the stowaway until afterhe was apprehended ashore. (2) There is no provisionfor mitigation of fines imposed under section 273(d) of the Act. (3) The Immigration andNaturalization Service can refrain from instituting fine proceedings,but that is a matter of prosecutorial discretion over which the Boardof Immigration Appeals has no jurisdiction. (4) The Service's OperationsInstructions are not binding on the Board, but the Board can adopt thepolicies that are manifested in the Operations Instructions, which ithas done with respect to Operations Instructions 273.1 requiring the Serviceto secure affidavits to support the record for fine proceedings undersection 273(d) of the Act. (5) In cases where thereis doubt about whether a carrier has brought stowaways to the United Statesand permitted them to land illegally, the Service has the burden of proofto establish those facts with persuasive evidence.