Page:United States Statutes at Large Volume 110 Part 4.djvu/767

 PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -604 time of the initial presentation of the stowaway for inspection or at the time the stowaway is determined to have a credible fear of persecution. " (B) NONAPPLICATION. —Subparagraph (A) shall not apply if— "(i) the alien is a crewmember; "(ii) the alien has an immigrant visa; "(iii) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States and applies for admission not later than 120 days after the date the visa or documentation was issued; "(iv) the alien has a reentry permit and applies for admission not later than 120 days after the date of the alien's last inspection and admission; "(v)(I) the alien has a nonimmigrant visa or other documentation authorizing the alien to apply for temporary admission to the United States or a reentry permit; "(II) the alien applies for admission more than 120 days after the date the visa or documentation was issued or after the date of the last inspection and admission under the reentry permit; and "(III) the owner of the vessel or aircraft satisfies the Attorney General that the existence of the condition relating to inadmissibility could not have been discovered by exercising reasonable care before the alien boarded the vessel or aircraft; or "(vi) the individual claims to be a national of the United States and has a United States passport. " (d) REQUIREMENTS OF PERSONS PROVIDING TRANSPORTATION.— "(1) REMOVAL AT TIME OF ARRIVAL.—An owner, agent, master, commanding officer, person in charge, purser, or consignee of a vessel or aircraft bringing an alien (except an alien crewmember) to the United States shall— "(A) receive an alien back on the vessel or aircraft or another vessel or aircraft owned or operated by the same interests if the alien is ordered removed under this part; and "(B) take the alien to the foreign country to which the alien is ordered removed. "(2) ALIEN STOWAWAYS. —An owner, agent, master, commanding officer, charterer, or consignee of a vessel or aircraft arriving in the United States with an alien stowaway— "(A) shall detain the alien on board the vessel or aircraft, or at such place as the Attorney General shall designate, until completion of the inspection of the alien by an immigration officer; "(B) may not permit the stowaway to land in the United States, except pursuant to regulations of the Attorney General temporarily— "(i) for medical treatment, "(ii) for detention of the stowaway by the Attorney General, or "(iii) for departure or removal of the stowaway; and

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