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
For the regulations of the Department of Homeland Security pertaining to the detention and deportation of aliens ordered deported, see 8 CFR 241.30 through 241.33. [70 FR 675, Jan. 5, 2005] Except as otherwise required by section 242(c) of the Act for the specific purposes of that section, an order of deportation, including an alternate order of deportation coupled with an order of voluntary departure, made by the immigration judge in proceedings under 8 CFR part 1240 shall become final upon dismissal of an appeal by the Board of Immigration Appeals, upon waiver of appeal, or upon expiration of the time allotted for an appeal when no appeal is taken; or, if such an order is issued by the Board or approved by the Board upon certification, it shall be final as of the date of the Board's decision. 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 §1212.5(b) of this chapter, once an order of deportation becomes final, an alien shall be taken into custody and the order shall be executed. For the purposes of this part, an order of deportation is final and subject to execution upon the date when any of the following occurs: (1) A grant of voluntary departure expires; (2) An immigration judge enters an order of deportation without granting voluntary departure or other relief, and the alien respondent waives his or her right to appeal; (3) The Board of Immigration Appeals enters an order of deportation on appeal, without granting voluntary departure or other relief; or (4) A Federal district or appellate court affirms an administrative order of deportation in a petition for review or habeas corpus action. (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]
Title 8: Aliens and Nationality
PART 1241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED
Subpart C—Deportation of Aliens in the United States (for Hearings Commenced Prior to April 1, 1997)
§ 1241.30 Aliens ordered deported.
§ 1241.31 Final order of deportation.
§ 1241.32 Warrant of deportation.
§ 1241.33 Expulsion.
