8 C.F.R. Subpart C—Deportation of Aliens in the United States (for Hearings Commenced Prior to April 1, 1997)
Title 8 - Aliens and Nationality
Subpart C of 8 CFR part 241 applies to deportation proceedings commenced prior to April 1, 1997. All references to the Act contained in this subpart are references to the Act in effect prior to April 1, 1997. An order of deportation becomes final in accordance with 8 CFR 1241.31. [70 FR 673, Jan. 5, 2005] A Form I–205, Warrant of Deportation, based upon the final administrative order of deportation in the alien's case shall be issued by a district director. The district director shall exercise the authority contained in section 243 of the Act to determine at whose expense the alien shall be deported and whether his or her mental or physical condition requires personal care and attention en route to his or her destination. (a) Execution of order. Except in the exercise of discretion by the district director, and for such reasons as are set forth in §212.5(b) of this chapter, once an order of deportation becomes final, an alien shall be taken into custody and the order shall be executed. An order of deportation becomes final in accordance with 8 CFR 1241.31. (b) Service of decision. In the case of an order entered by any of the authorities enumerated above, the order shall be executed no sooner than 72 hours after service of the decision, regardless of whether the alien is in Service custody, provided that such period may be waived on the knowing and voluntary request of the alien. Nothing in this paragraph shall be construed, however, to preclude assumption of custody by the Service at the time of issuance of the final order. [62 FR 10378, Mar. 6, 1997, as amended at 65 FR 82256, Dec. 28, 2000; 70 FR 674, Jan. 5, 2005]
Title 8: Aliens and Nationality
PART 241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
Subpart C—Deportation of Aliens in the United States (for Hearings Commenced Prior to April 1, 1997)
§ 241.30 Proceedings commenced prior to April 1, 1997.
§ 241.31 Final order of deportation.
§ 241.32 Warrant of deportation.
§ 241.33 Expulsion.
