VARIG BRAZILIAN AIR

Citations

• 21 I. & N. Dec. 744

Syllabus

VARIG BRAZILIAN AIR, 21 I&N Dec. 744 (BIA 1997) ID 3304 (PDF) (1) The reasonable diligence standard of section 273(c) of the Immigration and Nationality Act, 8 U.S.C. § 1323(c) (Supp. III 1991), is applied both to the determination of whether the passenger was an alien and to the adequacy of the carrier's examination of the passenger's documents. (2) In a determination of reasonable diligence under section 273(c) of the Act, the carrier must demonstrate by a preponderance of the evidence that it has established, and its staff has complied with, procedures to ensure that all of its passengers' travel documents have been inspected prior to boarding so that only those with valid passports and visas are permitted to board. (3) Where a document is altered, counterfeit, or expired, or where a passenger is an imposter, to the extent that a reasonable person should be able to identify the deficiency, a carrier is required to refuse boarding as a matter of reasonable diligence. (4) In denying reconsideration, the Board of Immigration Appeals reaffirms its decision that, in fine proceedings, the reasonable diligence standard is applied both to the determination of whether a passenger is an alien and to the adequacy of the carrier's examination of the passenger's documents.