OI Appendix to OI 243.1(c)(2)

APPENDIX to OI 243.1(c)(2)

The Reciprocal Arrangement between the United States Immigration and Naturalization Service and the Canada Employment and Immigration Commission for the exchange of deportees between the United States and Canada provides:

I. REQUESTS AND NOTIFICATIONS:

To provide for the orderly and expeditious return of deportees under this Arrangement between the Immigration Services of Canada and the United States, The Service of the deporting country will transmit to the administrative head of the other Service, or a designated representative, the following:

A. A notice of return or a request for consent to return the deportee as specified in Parts II and III of this Arrangement containing such identifying and biographical information as may be necessary to establish that the deportee is returnable under the terms of this Arrangement;

B. Advance notice accompanied by a written opinion of a competent authority confirming the need for institutional care or treatment should the deporting Service possess evidence to suggest that any deportee requires such care or treatment because of a mental or physical condition. The deporting Service will, at the same time as notice is given or consent is sought, provide the receiving Service with advance written notice of the facts and circumstances of the case. The advance notice will be accompanied by a copy of written opinion regarding institutional care or treatment. At the same time, or as soon as is administratively possible thereafter, the deporting Service will notify the receiving Service of the deportee's travel arrangements;

C. In the case of a deportee who is of interest to law enforcement authorities in the receiving country, advance notice of the facts and circumstances of the case, including travel arrangements, to facilitate procedures at the port of entry;

D. A written notice of the facts and circumstances of a denial of admission and parole or issuance of a minister's permit, whenever an individual is paroled or allowed, pursuant to a minister's permit, into the deporting country for legal proceedings or for humanitarian reasons or to permit the individual to apply for relief under the immigration laws of the deporting country. Such notice will be given immediately after denial of admission and parole or issuance of minister's permit to the immigration off icial in charge of the port of entry opposite the port of entry where parole was granted or where the minister's permit was issued.

E. A written notice of the facts and circumstances relating to an alien authorized by the Immigration Appeal Board to return to Canada from the United States for the purpose of appearing before the Board for the hearing of the appeal from the removal order issued to that alien. Such notice will be made immediately upon the arrival of the individual in Canada, to the immigration official in charge of the opposite port of entry.

II. NOTICE OR RETURN OF CITIZENS, NATIONALS OR ALIENS:

1. Citizens or Nationals

Deportees who are citizens or national of Canada or the United States will be received by their country of citizenship or nationality under the terms of this Arrangement.

Before a citizen or national is returned to Canada or the United States, verbal notice will be given to those cases where:

A. Citizenship or nationality in the receiving country can be satisfactorily established by presentation of a birth or baptismal certificate, a certificate of naturalization or citizenship, a valid or expired passport, or other verifiable evidence of citizenship or nationality; and

B. The deportee does not require institutional care or treatment because of a mental or physical condition.

In the case of a citizen or national deportee who requires institutional care or treatment because of a mental or physical condition, written notice will be given to the receiving country.

2. Aliens

A. Aliens of the receiving country, who proceeded directly from the receiving country to the deporting country and were paroled or allowed under the authority of a minister's permit into the deporting country, will be permitted to return to the receiving country under the terms of this Arrangement provided verbal notice is given to be receiving country within one year of revocation or expiration of such parole or minister's permit or from the date of a final order of deportation, whichever is the later.

B. An alien, as described in Part III, paragraph 2., Authorized by the Immigration Appeal Board to return to Canada from the United States for the purpose of appearing before the Board for the hearing of the appeal from the removal order issued to that alien will be permitted to that alien will be permitted to return to the United States provided:

(i) the alien met the requirements of Part III of paragraph 2a. and b. at the time the removal order was made; and

(ii) verbal notice is given to the United States Immigration and Naturalization Service upon the Alien's departure from Canada at the conclusion of the hearing.

III. CONSENT TO RETURN ALIENS:

Any of the classes of aliens hereinafter defined, even though such persons would be subject to deportation by the receiving subject to deportation by the receiving country, will be permitted to return to Canada or the United States under the terms of this Arrangement provided:

1. The alien was admitted to the receiving country for permanent residence and:

a. The alien has not abandoned such residence by residing in a third country; and

b. The alien proceeded directly from the receiving country to the deporting country and was not admitted for permanent residence at that time; and

c. Formal request is made for consent to return the alien within one year from the date of a final order of deportation; and

d. The alien came into the deporting country on or subsequent to August 1, 1949, or

2. The alien was not admitted to the receiving country for permanent residence but:

a. The alien was denied admission at a port of entry and was ordered removed from the deporting country; and

b. The alien proceeded directly from the receiving country to the deporting country; and

c. Formal request for consent to return the alien is made within one year from the date of a final order of removal.

Before a deportee described in paragraphs 1 or 2 above is returned to Canada or the United States, a letter consenting to such return will first be obtained form the receiving Service.

A deportee described in paragraph 2 above will be permitted to return to the United States or Canada under the terms of this Arrangement, provided appropriate arrangements are made in the receiving country for a deportee who requires medical evaluation or institutional care or treatment. The receiving Service will undertake to arrange appropriate reception as expeditiously as possible.

IV. TRANSPORTATION AND SUBSISTENCE:

The deporting Service will furnish a deportee with transportation and subsistence to the port of entry of the receiving country closest to the port of exit of the deporting country. Where, however, a deportee does not have sufficient funds to travel to the deportee's last place of residence in the receiving country at the person's own expense, the deporting country will furnish transportation and subsistence to the last place of residence. In exceptional and meritorious cases, transportation and subsisten ce may be provided to such other place as is acceptable to the deporting Service, provided the receiving Service has no objection to the substitution.

Where a transportation company is liable to carry the deportee, the deportee will be carried to such place as is required by law.

V. VOLUNTARY DEPARTURE:

The return of persons granted voluntary departure as defined in Part X of this Arrangement is not governed by Parts II or III of this Arrangement. Whenever possible, however, such a person will be required to enter the receiving country at the port of entry which is nearest t the place of final destination in the receiving country.

VI. PORTS OF ENTRY:

Any deportee returned as provided for in Parts II and III of this Arrangement will be presented to any of the ports of entry listed hereunder for examination or inspection:

CANADA UNITED STATES

Aldergrove, British Alcan, Alaska

Columbia

Baltimore/Washington

Armstrong, Quebec International Airport

Baltimore, Maryland

Beaver Creek, Yukon

Territory Bangor, Maine

Blackpool, Quebec Bar Harbour, Maine

Calgary Internation- Blaine, Washington

al Airport, Calgary,

Alberta Boston, Massachusetts

Cornwall, Ontario Buffalo, New York

Coutts, Alberta Calais, Maine

Douglas, British Calgary International

Columbia Airport (Pre-Flight

Inspection)

Edmonton Interna-

tional Airport, Champlain, New York

Edmonton, Alberta

Cleveland Airport,

Edmundston, New Cleveland, Ohio

Brunswick

Emerson, Manitoba Derby Line, Vermont

Fort Erie, Ontario

Detroit, Michigan

Fort Frances, Ontario

Fredericton Airport Eastport, Idaho

Fredericton, New

Brunswick Edmonton International

Airport

Halifax International (Pre-Flight Inspection)

Airport, Halifax,

Nova Scotia Frontier, 'Washington

Hamilton Civic Air- Highgate Springs, Vermont

port, Hamilton,

Ontario

Houlton, Maine

Highwater, Quebec

Huntingdon, British International Falls,

Columbia Minnesota

Kingsgate, British Ketchikan, Alaska

Columbia

Lynden, Washington

Lansdowne, Ontario Madawaska, Maine

London Airport,

London, Ontario Massena, New York

Mississauga, Ontario-

Pearson Interna- Minneapolis, Minnesota

tional Airport,

Terminals 1 and 2 Montreal International Air-

port, Dorval, Quebec

Montreal Internation- (Pre-Flight Inspection)

al Airport, Dorval,

Quebec

New York, New York

Montreal Internation-

al Airport, Mirabel,

Quebec Niagara Falls, New York

Niagara Falls,

Ontario North Troy, Vermont

North Portal,

Saskatchewan Norton, Vermont

Osoyoos, British

Columbia Noyes, Minnesota

Ottawa International Ogdensburg, New York

Airport, Ottawa,

Ontario Oroville, Washington

Phillipsburg, Quebec Pittsburgh, Pennsylvania

Prescott, Ontario Port Angeles, Washington

Prince Rupert, Port Huron, Michigan

British Columbia

Quebec International Portal, North Dakota

Airport, Quebec,

Quebec

Portland, Maine

Regina Airport,

Regina, Saskatchewan Raymond, Montana

Rock Island, Quebec

Sault Ste. Marie, Michigan

Saint John Municipal

Airport, Saint John,

New Brunswick Seattle, Washington

St. Leonard, New

Brunswick Sumas, Washington

St. Stephen, New Sweetgrass, Montana

Brunswick

Syracuse, New York

Sarnia, Ontario

Thousand Island Bridge,

Saskatoon Airport New York

Saskatoon,

Saskatchewan Toronto, Ontario, Canada-

Pearson International

Airport, Mississauga,

Sault Ste. Marie, Ontario

Ontario (Pre-Flight Inspection)

(Formerly Toronto

Stanhope, Quebec International Airport)

Thunder Bay, Ontario

Vancouver Interna-

tional Airport,

Vancouver, British

Columbia

Victoria, British Vancouver International

Columbia Airport

(Pre-Flight Inspection)

Windsor, Ontario

Winnipeg Internation- Washington, District of

al Airport, Columbia (Dulles

Winnipeg, Manitoba International Airport)

Woodstock, New

Brunswick Winnipeg International

Airport (Pre-Flight

Yarmouth, Nova Scotia Inspection

VII. OFFICIAL RECORDS AND PRIVACY CONSIDERATION

A. The United States Immigration and Naturalization Service may use the information supplied by the Immigration Service of Canada for the purpose of ascertaining whether the deportee is wanted by U.S. law enforcement authorities; it may further provide to such authorities information supplied by the Immigration Service of Canada pursuant to this Arrangement for the said purpose and to facilitate the apprehension of the deportee by proper law enforcement authorities.

B. The United States Immigration and naturalization Service will not use or disclose information supplied by the Immigration Service of Canada for a purpose or to an authority other than specified in this Arrangement without the written consent of the Immigration Service of Canada.

VIII. CONSULTATION AND AMENDMENT PROVISIONS:

The Parties agree to discuss matters which are the subject of this Arrangement and to make any amendments considered appropriate. Any disputes or issues of interpretation will be resolved by mutual agreement of the Parties.

IX. TERMINATION PROVISION:

This Arrangement remains in full force and effect unless terminated in writing. This Arrangement may be terminated by either Party by giving written notice to the other Party at least one year prior to such termination.

X. DEFINITIONS:

The following terms are defined for the purpose of this Arrangement only, and like terms have a like meaning:

CANADA UNITED STATES

ADMISSION

Lawful permission to Lawful permission for an

come into Canada as a alien to enter the United

visitor or to estab- States.

lish permanent

residence.

ALIEN

Any person who is not Any person who is not a

a Canadian citizen. citizen or national of the

United States.

DEPORTEE

Any of the persons Any of the persons des-

described in Parts II cribed in Parts II and III

and III of this of this Arrangement.

Arrangement.

ENTRY

Lawful permission to Any coming of an alien

come into Canada as a into the United States,

visitor. Visitor from a foreign port or

means a person who is place or from an outly-

lawfully in Canada, or ing possession, whether

seeks to come into voluntarily or otherwise,

Canada for a tempora- except that an alien hav-

ry purpose, other than ing a lawful permanent

a Canadian citizen, a residence in the United

permanent resident, a States shall not be re-

person in possession garded as making an entry

of a minister's per- into the United States for

mit, or an immigrant the purposes of the immi-

authorized to come gration laws if the alien

into Canada pursuant proves to the satisfaction

to paragraph 14(2)(b), of the Attorney General

23(1)(b), or 32(3)(b) that departure to a fore-

of the Immigration ign port or place or to

Act, 1976, as amended. an outlying possession was

not voluntary: Provided,

that no person whose de-

parture from the United

States was occasioned by

deportation proceedings,

extradition, or other

legal process shall be

held to be entitled to

such exception.

EXCLUSION

A formal determina- A formal determination of

tion of inadmissi- inadmissibility.

bility.

FINAL ORDER OF REMOVAL

A Signed exclusion A signed exclusion order

order or deportation or deportation order ready

order not stayed pur- for execution and unimped-

suant to the Immigra- ed by legal challenge.

tion Act, 1976, as

amended.

LEGAL PROCEEDINGS

All proceeding auth- All proceedings authorized

orized or sanctioned or sanctioned by law and

by law and brought or brought or instituted in a

instituted in a court court of record or admin-

of record or adminis- istrative tribunal for the

trative tribunal for recognition of a right or

the recognition of a an enforcement of a

right or an enforce- remedy.

ment of a remedy.

MINISTER'S PERMIT/

PAROLE

A valid and subsist- An exercise of discretion-

ing written permit, ary authority of the

issued at the discre- Attorney General to permit

tion of the Minister an inadmissible alien to

of Employment and come into the United

Immigration or a dele- States for emergent rea-

gate, authorizing an sons, or for reasons deem-

inadmissible person to ed strictly in the public

come into and remain interest.

in Canada.

PERMANENT RESIDENT/

PERMANENT RESIDENCE

A person lawfully ad- The status of having been

mitted for permanent lawfully accorded the

residence, who has not privilege of residing per-

become a Canadian manently in the United

citizen and has not States as an immigrant in

ceased to be a perma- accordance with the immi-

nent resident. gration laws, such status

not having changed.

REMOVAL ORDER

An exclusion order or An exclusion order or a

a deportation order. deportation order.

VOLUNTARY DEPARTURE

Permission to depart Authorization for a person

Canada voluntary to depart the United

granted to a person: States prior to the com-

a. Against whom a re- mencement of deportation

moval order has proceedings or subsequent

been made; or to a deportation hearing.

b. Who has been issued

a departure notice;

or

c. Who has become the

subject of a dir-

ection for inquiry

or has been arrest-

ed for inquiry.

XI. EFFECTIVE DATE:

This Arrangement will be effective on its signature by authorized representatives of the Parties. The present Arrangement will supersede the Arrangement for the Exchange of Deportees between Canada and the United States, of August 1, 1949.

DONE is duplicate this 24the day of July A.D., 1987 at Williamsburg, Virginia, United States of America, in English and in French, each language version being equally authentic."

FOR THE UNITED STATES

IMMIGRATION AND NATURALIZATION SERVICE,

DEPARTMENT OF JUSTICE

S/ Alan C. Nelson

Commissioner

FOR THE CANADA EMPLOYMENT AND IMMIGRATION COMMISSION

S/ James B. Bissett

James B. Bissett,

Executive Director,

Immigration

OI 244 Suspension of deportation and voluntary departure. [Removed 6/24/97; TM 1]