SCANDINAVIAN AIRLINES FLIGHT SK 911

Citations

• 20 I. & N. Dec. 306

Syllabus

SCANDINAVIAN AIRLINES FLIGHT SK 911, 20 I&N Dec. 306 (BIA 1991) ID 3149 (PDF) (1) Any bringing to theUnited States of an alien who does not meet the visa requirements of theImmigration and Nationality Act when he is presented for inspection incursfine liability under section 273 of the Act, 8 U.S.C. § 1323 (1988),even in cases where it is established that the alien had a visa in hispossession when he boarded the carrier's airplane abroad for the flightto the United States. (2) While the fact thatan alien had a visa in his possession when he boarded the carrier's airplaneabroad may entitle the carrier to remission (forgiveness in full) undersection 273(c) of the Act, the carrier has the burden of establishingthat fact, and that burden of proof has not been met in this case.