The Northwest Times

SLIGHT CHANGES
IN ALIEN STAY
RULINGS

Major Revision Lets
Alien Apply for
Hearing

WASHINGTON, D. C., Jan. 13 (ADC) - The Justice Department has announced minor changes in regulations governing the application of aliens seeking stays of deportation to remain in the United States, according to the JACL ADC.

The changes should speed action on deportation proceedings.

Major revision in the regulations now permits an alien against whom a deportation warrant has been issued to apply for a stay of deportation prior to a hearing by the immigration and naturalization service. In the past, aliens had to wait until hearings were ordered before seeking stays.

Now an alien may file an application for a stay of deportation, on a Form I-256—as soon as served a warrant for deportation.

If the information supplied by the alien does not establish that he is prima facie eligible to be considered for a suspension, then the case is referred for a hearing as to the alien's deportability.

Otherwise, the alien will be asked to provide whatever additional proof is necessary to verify his case for a stay, and subsequently will be asked to appear for an examination. The burden of proof in establishing his eligibility to remain will rest with the applicant.

Approximately 2,000 Japanese are affected by the change in procedures. These Japanese were caught in the United States with the outbreak of World War II. They were made eligible to seek suspension of deportation at the conclusion of the war on the same basis as other treaty residents from European countries through legislation introduced by the JACL ADC.