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Interim Decision 2743 MATTER OF ELLY VELEZ PAMATONG Application for Permission to Represent Persons Pursuant to Title 8 Section 292. 1 of the Code of Federal Regulations Decided by Board November 9 1979 1 Under 8 C. F*R* 292. 1 only certain designated individuals are authorized to represent persons before the Board and the Service. Included in this category are attorneys as defined in 8 C. F*R* 1. 1 0. 2 In the case of an individual who is an alien the provisions of 8 C. P. A. 292. 1 apply...

1969 HARRIS, District Judge. These cases, each under indictment for violating Title 18, Section 2, of the United States Code, require us to examine the scope of criminal liability under this section. In the Court of the United States for the District of Columbia, the defendants brought this action in the United States District Court for the District of Columbia challenging the constitutionality of section 2 of the act of Congress of May 27, 1871, which read: “That if any person shall hire or purchase any slave, or shall introduce or cause or aid any person to introduce or introduce into any State or Territory, into a Slave holding State or Territory, any slave, he shall be liable to the party so offending for a penalty against the party so offending, according to the laws thereof.” It is an indictment for violating this section “for inducing a slave owner to carry off or remove such slave without the consent of his owner,” a charge which may be read as a prohibition on “causing a person to hire or purchase a slave for the purpose of introducing that person into the State or Territory of slavery.” To establish this charge, the plaintiff alleges that (1) The defendant had been previously convicted for violating this section by the District Court for the District of Columbia in 1876; that the District Court had “made findings of facts” finding that the defendant had been guilty on these facts; that the trial court had, on conviction, imposed a forfeiture; that “the plaintiff was a slaveholder,” that a jury had found the defendant guilty; that the defendant had, in pursuance of his conviction, taken the defendant's wife as a slave for the purpose of carrying this woman out of the District of Columbia; and that, notwithstanding the plaintiff's efforts to obtain a bill of sale, he had not been able to obtain a bill; that the latter had been committed to the custody of the United States of America as a slave and was held as such in the prison of the United States of America; that the plaintiff had “been taken prisoner in consequence of the offense”; that the plaintiff had made application to the District of Columbia Court, requesting that the defendant's conviction for violating this section should be set aside, and that this request had been refused; and that the District Court, after giving the plaintiff three days for submitting the said bill of sale to it, had ruled, in violation of its statutory duty to make such inquiry as it might consider advisable in the case, that such motion could not be entertained.

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