OI 212.9 Cancellation of nonimmigrant visas by immigration officers. [Removed 6/24/97; TM 1] [Moved to M-450 chapter 17]

OI 212.10 Counterfeit nonimmigrant visas and genuine nonimmigrant visas presented by imposters. [Removed 6/24/97; TM 1] [Moved to M-450 chapter 17]

OI 212.11 Returning aliens refused immigrant visas in Canada. [Removed 6/24/97; TM 1]

OI 212.12 Waiver of certain technical defects in immigrant visas. [Removed 6/24/97; TM 1] [Moved to M-450 chapter 14]

OI 212.13 Parole Determinations of Mariel Cuban Aliens in Service Custody.

(a) Cuban review process.

Each and every detainee as defined in 8 CFR 212.13(a) of this chapter shall be entitled to review before the Cuban Review Plan. Notification of this process shall be provided to each and every detainee shortly after his/her arrival into Service custody. Commencement of this procedure shall occur, with service, to the detainee in writing, with an attached copy translated into Spanish, of Form I-783.

(b) Cuban review panel.

The Director of the Cuban Review Plan, or his/her designee, shall select a panel(s) to make parole recommendations to the Associate Commissioner for Enforcement, or his designated representative. A Cuban Review Panel, unless otherwise designated, shall consist of two persons chosen from the professional staff of the Service.

(c) Criteria for review.

The burden of proof in these proceedings lies exclusively with the detainee. To be eligible for approval for release on parole, the detainee must establish that he is presently nonviolent and in addition, likely to remain nonviolent. It must also be clearly evident that upon release from the custody of the Immigration and Naturalization Service, the detainee will not pose a threat to the community nor violate the conditions of his parole.

(d) Procedures for review.

(1) Record review. The Director of the Cuban Review Plan or the Cuban Review Panel shall concurrently review the detainee's Service and Bureau of Prisons file. All pertinent information as well as a recommendation by each panel member regarding the detainee's eligibility for approval for release on parole shall be duly noted on the File Review Summary, Form I-789. Information pertaining to possible sponsorship or placement shall be noted on a Cuban Review Summary Sheet.

(2) Release recommendations. When the detainee's record review provides unanimous concurrence regarding the detainee's approval for release on parole, the File Review Summary as well as Cuban Review Summary Sheet shall be forwarded to the Director of the Cuban Review Plan, or his/her designee.

(3) Personal interview. When the detainee's record review fails to provide unanimous concurrence regarding his/her approval for release or parole, a personal interview shall be scheduled before a Cuban Review Panel. A minimum notification of twenty-one days will be given to the detainee prior to the scheduling of such an interview. Specifics of these interviews shall be provided to the detainee in with attached copies translated in Spanish, through the Service, of Form I-784 and Form I-786.

(4) Representation. Upon service of notification of schedule of an interview before a Cuban Review Panel, the detainee shall be furnished with a list of available legal services and programs. The detainee may select a representative from this list, another legal representative, or person of his/her choice to accompany him/her at this interview to assist in answering questions. The detainee may alternately elect to waive any representation or right he/she may have to more extended notice, and request a prom pt interview.

(5) Representative's record review. Duly authorized representatives as defined in 8 CFR 292, shall designate representation of a detainee before a Cuban Review Panel through submission of Form G-28. Prior to the commencement of a detainee's interview before a Cuban Review Panel, these representatives shall be afforded ample opportunity to review sanitized versions of the detainee's Service and Bureau of Prisons files. Information deemed pertinent to ascertaining the eligibility of the detainee for approval for release on parole shall be made available to these representatives. Sensitive material shall not be furnished to these representatives.

(6) Nature of proceedings. The detainee shall be permitted at the time of his/her interview to submit verbal as well as written information which he/she believes constitutes approval for release on parole. Refusal of a detainee to appear for a scheduled interview before a Cuban Review Panel indicates that he/she has not met the burden of proof in these proceedings in establishing his/her eligibility for approval for release on parole. Whenever possible, the detainee shall be requested to verbally present t hese assertions before the panel. When this cannot be accomplished, written verification shall be provided by the Service and/or Bureau of Prisons personnel.

(7) Interview recommendations. The results of the interview as well as a recommendation by each panel member regarding the detainee's eligibility for approval for release on parole or continued detention shall be noted on the Interview Summary, Form I-790. Information relating to possible sponsorship or placement of the detainee shall be annotated on a Cuban Review Summary Sheet. This documentation as well as the File Review Summary shall then be forwarded to the Director of the Cuban Review Plan, or his/h er designee.

(e) Recommendations to the Associate Commissioner for Enforcement.

(1) The Director of the Cuban Review Plan, upon receipt of all information from a Cuban Review Panel, shall empower two persons chosen from the professional staff of the Service to review findings of the panel. Each individual shall issue a recommendation as to whether the detainee should be approved for release on parole or continued in detention.

(2) In cases where approval for release on parole is recommended, an appropriate sponsorship or placement recommendation shall also be made. All relative material shall then be forwarded to the Associate Commissioner for Enforcement, or his designated representative, to be considered under the discretionary authority set forth in 8 CFR 212.12(b).

(f) Psychiatric evaluations.

Cuban Review Panels may recommend psychiatric evaluations when deemed necessary. In these instances, it shall be the responsibility of the Director of the Cuban Review Plan, or his/her designee, to arrange to have the detainee evaluated by the United States Public Health Service. After considering the results of this examination as well as the material provided by the Cuban Review Plan process, the Associate Commissioner for Enforcement or his designated representative will issue a final decision as to whet her the alien should be approved for release on parole or continued in detention.

(g) Approval for release on parole.

Detainees approved for release on parole will receive notification in writing with an attached copy in Spanish, through the Service, of Form I-785. No detainee, however, shall be released on parole unless suitable sponsorship or placement has been found. In addition, the detainee must continue to exhibit proper behavior while awaiting suitable sponsorship or placement, otherwise the approval for release on parole shall be withdrawn at the discretion of the Associate Commissioner for Enforcement, or his desi gnated representative.

(h) Denial or revocation release on parole.

Where approval for release on parole has been denied, the detainee will receive written notification in both the English and Spanish languages. Detainees whose approval for release on parole has been withdrawn shall receive written notification, with an attached copy translated into Spanish, through the Service of Form I-787. Such notifications will provide the detainee with a detailed justification as to why he/she is to remain in custody pending further review.

(i) Review before Department of Justice review panels.

A detainee denied approval for release on parole shall be entitled to a single review before a Department of Justice Review Panel. The detainee, within thirty days of this notification, may submit a written statement detailing relevant factors that should be reconsidered by this panel. This entitlement is exclusively limited to those detainees in Service custody on the date of the promulgation of this regulation. A decision regarding any expansion of this program will be made at a later date.

(j) Review of denials of approvals for release or parole.

Subsequent reviews of denials or approvals for release on parole, shall be made in accordance with the guidelines as set forth by the Cuban Review Plan. Such reviews will generally be commenced within one year of the previous denial of approval for release on parole, or when applicable, at the discretion of the Director of the Cuban Review Plan.