PART 241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1223, 1224, 1225, 1226, 1227, 1228, 1231, 1251, 1253, 1255, 1330, 1362; 18 U.S.C. 4002, 4013(c)(4); Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 101, et seq. Source: 62 FR 10378, Mar. 6, 1997, unless otherwise noted. Subpart A—Post-hearing Detention and Removal § 241.1 Final order of removal. An order of removal becomes final in accordance with 8 CFR 1241.1. [70 FR 673, Jan. 5, 2005] § 241.2 Warrant of removal. (a) Issuance of a warrant of removal In general. (i) Director, Enforcement and Removal Operations; (ii) Deputy Assistant Director, Field Operations; (iii) Field Office Directors; (iv) Deputy Field Office Directors; (v) Assistant Field Office Directors; (vi) Officers in Charge; (vii) Special Agents in Charge; (viii) Deputy Special Agents in Charge; (ix) Associate Special Agents in Charge; (x) Assistant Special Agents in Charge; (xi) Group Supervisors; (xii) Resident Agents in Charge; (xiii) District Field Officers; (xiv) Chief Patrol Agents; (xv) Deputy Chief Patrol Agents; (xvi) Division Chiefs; (xvii) Assistant Chief Patrol Agents; (xviii) Patrol Agents in Charge; (xix) Deputy Patrol Agents in Charge; (xx) Watch Commanders, Border Patrol; (xxi) Director of Air Operations; (xxii) Director of Marine Operations; (xxiii) Supervisory Air and Marine Interdiction Agents; (xxiv) Unit Chief, Law Enforcement Support Center; (xxv) Section Chief, Law Enforcement Support Center; (xxvi) Port Directors; (xxvii) Assistant Port Directors; (xxviii) Directors, Field Operations; (xxix) Assistant Directors, Field Operations; (xxx) Watch Commanders, Field Operations; (xxxi) Chiefs, Field Operations; and (xxxii) Other duly authorized officers or employees of the Department of Homeland Security or the United States who are delegated the authority as provided in 8 CFR 2.1 to issue Warrants of Removal, and who have successfully completed any required immigration law enforcement training. (2) Costs and care during removal. (b) Execution of the warrant of removal. [70 FR 67089, Nov. 4, 2005, as amended at 81 FR 62355, Sept. 9, 2016] § 241.3 Detention of aliens during removal period. (a) Assumption of custody. (b) Cancellation of bond. (c) Judicial stays. (d) Information regarding detainees. [62 FR 10378, Mar. 6, 1997, as amended at 70 FR 673, Jan. 5, 2005] § 241.4 Continued detention of inadmissible, criminal, and other aliens beyond the removal period. (a) Scope. (1) An alien ordered removed who is inadmissible under section 212 of the Act, including an excludable alien convicted of one or more aggravated felony offenses and subject to the provisions of section 501(b) of the Immigration Act of 1990, Public Law 101-649, 104 Stat. 4978, 5048 (codified at 8 U.S.C. 1226(e)(1) through (e)(3)(1994)); (2) An alien ordered removed who is removable under section 237(a)(1)(C) of the Act; (3) An alien ordered removed who is removable under sections 237(a)(2) or 237(a)(4) of the Act, including deportable criminal aliens whose cases are governed by former section 242 of the Act prior to amendment by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Div. C of Public Law 104-208, 110 Stat. 3009-546; and (4) An alien ordered removed who the decision-maker determines is unlikely to comply with the removal order or is a risk to the community. (b) Applicability to particular aliens Motions to reopen. (2) Parole for certain Cuban nationals. (3) Individuals granted withholding or deferral of removal. (4) Service determination under 8 CFR 241.13. (c) Delegation of authority. (1) District Directors and Directors of Detention and Removal Field Offices. (2) Headquarters Post-Order Detention Unit (HQPDU). (3) The HQPDU review plan. (4) Additional delegation of authority. (d) Custody determinations. (1) Showing by the alien. (2) Service of decision and other documents. (3) Alien's representative. (e) Criteria for release. (1) Travel documents for the alien are not available or, in the opinion of the Service, immediate removal, while proper, is otherwise not practicable or not in the public interest; (2) The detainee is presently a non-violent person; (3) The detainee is likely to remain nonviolent if released; (4) The detainee is not likely to pose a threat to the community following release; (5) The detainee is not likely to violate the conditions of release; and (6) The detainee does not pose a significant flight risk if released. (f) Factors for consideration. (1) The nature and number of disciplinary infractions or incident reports received when incarcerated or while in Service custody; (2) The detainee's criminal conduct and criminal convictions, including consideration of the nature and severity of the alien's convictions, sentences imposed and time actually served, probation and criminal parole history, evidence of recidivism, and other criminal history; (3) Any available psychiatric and psychological reports pertaining to the detainee's mental health; (4) Evidence of rehabilitation including institutional progress relating to participation in work, educational, and vocational programs, where available; (5) Favorable factors, including ties to the United States such as the number of close relatives residing here lawfully; (6) Prior immigration violations and history; (7) The likelihood that the alien is a significant flight risk or may abscond to avoid removal, including history of escapes, failures to appear for immigration or other proceedings, absence without leave from any halfway house or sponsorship program, and other defaults; and (8) Any other information that is probative of whether the alien is likely to— (i) Adjust to life in a community, (ii) Engage in future acts of violence, (iii) Engage in future criminal activity, (iv) Pose a danger to the safety of himself or herself or to other persons or to property, or (v) Violate the conditions of his or her release from immigration custody pending removal from the United States. (g) Travel documents and docket control for aliens continued in detention Removal period. (A) the date the order becomes administratively final; (B) If the removal order is subject to judicial review (including review by habeas corpus) and if the court has ordered a stay of the alien's removal, the date on which, consistent with the court's order, the removal order can be executed and the alien removed; or (C) If the alien was detained or confined, except in connection with a proceeding under this chapter relating to removability, the date the alien is released from the detention or confinement. (ii) The removal period shall run for a period of 90 days. However, the removal period is extended under section 241(a)(1)(C) of the Act if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal subject to an order of removal. The Service will provide such an alien with a Notice of Failure to Comply, as provided in paragraph (g)(5) of this section, before the expiration of the removal period. The removal period shall be extended until the alien demonstrates to the Service that he or she has complied with the statutory obligations. Once the alien has complied with his or her obligations under the law, the Service shall have a reasonable period of time in order to effect the alien's removal. (2) In general. (3) Availability of travel document. (4) Removal. (5) Alien's compliance and cooperation. (ii) The Service shall serve the alien with a Notice of Failure to Comply, which shall advise the alien of the following: the provisions of sections 241(a)(1)(C) (extension of removal period) and 243(a) of the Act (criminal penalties related to removal); the circumstances demonstrating his or her failure to comply with the requirements of section 241(a)(1)(C) of the Act; and an explanation of the necessary steps that the alien must take in order to comply with the statutory requirements. (iii) The Service shall advise the alien that the Notice of Failure to Comply shall have the effect of extending the removal period as provided by law, if the removal period has not yet expired, and that the Service is not obligated to complete its scheduled custody reviews under this section until the alien has demonstrated compliance with the statutory obligations. (iv) The fact that the Service does not provide a Notice of Failure to Comply, within the 90-day removal period, to an alien who has failed to comply with the requirements of section 241(a)(1)(C) of the Act, shall not have the effect of excusing the alien's conduct. (h) District director's or Director of the Detention and Removal Field Office's custody review procedures. (1) Records review. (2) Notice to alien. (3) Factors for consideration. (4) District director's or Director of the Detention and Removal Field Office's decision. (5) District office or Detention and Removal Field office staff. (i) Determinations by the Executive Associate Commissioner. (1) Review panels. (2) Records review. (3) Personal interview. (ii) The alien may be accompanied during the interview by a person of his or her choice, subject to reasonable security concerns at the institution's and panel's discretion, who is able to attend at the time of the scheduled interview. Such assistance shall be at no expense to the Government. The alien may submit to the Review Panel any information, in English, that he or she believes presents a basis for his or her release. (4) Alien's participation. (5) Panel recommendation. (6) Determination. (7) No significant likelihood or removal. (j) Conditions of release In general. (2) Sponsorship. (3) Employment authorization. (4) Withdrawal of release approval. (k) Timing of reviews. (1) District director or Director of the Detention and Removal Field Office. (ii) When release is denied pending the alien's removal, the district director or Director of the Detention and Removal Field Office in his or her discretion may retain responsibility for custody determinations for up to three months after expiration of the removal period, during which time the district director or Director of the Detention and Removal Field Office may conduct such additional review of the case as he or she deems appropriate. The district director may release the alien if he or she is not removed within the three-month period following the expiration of the removal period, in accordance with paragraphs (e), (f), and (j) of this section, or the district director or Director of the Detention and Removal Field Office may refer the alien to the HQPDU for further custody review. (2) HQPDU reviews District director or Director of the Detention and Removal Field Office referral for further review. (ii) District director or Director of the Detention and Removal Field Office retains jurisdiction. (iii) Continued detention cases. (iv) Review scheduling. (v) Discretionary reviews. (3) Postponement of review. (4) Transition provisions. Detention Procedures for Aliens Whose Immediate Repatriation is Not Possible or Practicable, Supplemental Detention Procedures, Interim Changes and Instructions for Conduct of Post-order Custody Reviews, Review of Long-term Detainees, http://www.ins.usdoj.gov (ii) Any case pending before the Board on December 21, 2000 will be completed by the Board. If the Board affirms the district director's decision to continue the alien in detention, the next scheduled custody review will be conducted one year after the Board's decision in accordance with the procedures in paragraph (i) of this section. (l) Revocation of release Violation of conditions of release. (2) Determination by the Service. (i) The purposes of release have been served; (ii) The alien violates any condition of release; (iii) It is appropriate to enforce a removal order or to commence removal proceedings against an alien; or (iv) The conduct of the alien, or any other circumstance, indicates that release would no longer be appropriate. (3) Timing of review when release is revoked. [65 FR 80294, Dec. 21, 2000, as amended at 66 FR 56976, 56977, Nov. 14, 2001; 67 FR 39259, June 7, 2002; 70 FR 673, Jan. 5, 2005; 76 FR 53791, Aug. 29, 2011] § 241.5 Conditions of release after removal period. (a) Order of supervision. (1) A requirement that the alien report to a specified officer periodically and provide relevant information under oath as directed; (2) A requirement that the alien continue efforts to obtain a travel document and assist the Service in obtaining a travel document; (3) A requirement that the alien report as directed for a mental or physical examination or examinations as directed by the Service; (4) A requirement that the alien obtain advance approval of travel beyond previously specified times and distances; and (5) A requirement that the alien provide DHS with written notice of any change of address in the prescribed manner. (b) Posting of bond. (c) Employment authorization. (1) The alien cannot be removed in a timely manner; or (2) The removal of the alien is impracticable or contrary to public interest. [62 FR 10378, Mar. 6, 1997, as amended at 65 FR 80298, Dec. 21, 2000; 70 FR 673, Jan. 5, 2005; 76 FR 53791, Aug. 29, 2011] § 241.6 Administrative stay of removal. (a) Any request of an alien under a final order of deportation or removal for a stay of deportation or removal shall be filed on Form I-246, Stay of Removal, with the district director having jurisdiction over the place where the alien is at the time of filing. The Commissioner, Deputy Commissioner, Executive Associate Commissioner for Field Operations, Deputy Executive Associate Commissioner for Detention and Removal, the Director of the Office of Juvenile Affairs, regional directors, or district director, in his or her discretion and in consideration of factors listed in 8 CFR 212.5 and section 241(c) of the Act, may grant a stay of removal or deportation for such time and under such conditions as he or she may deem appropriate. Neither the request nor failure to receive notice of disposition of the request shall delay removal or relieve the alien from strict compliance with any outstanding notice to surrender for deportation or removal. (b) Denial by the Commissioner, Deputy Commissioner, Executive Associate Commissioner for Field Operations, Deputy Executive Associate Commissioner for Detention and Removal, Director of the Office of Juvenile Affairs, regional director, or district director of a request for a stay is not appealable, but such denial shall not preclude an immigration judge or the Board from granting a stay in connection with a previously filed motion to reopen or a motion to reconsider as provided in 8 CFR part 3. (c) The Service shall take all reasonable steps to comply with a stay granted by an immigration judge or the Board. However, such a stay shall cease to have effect if granted (or communicated) after the alien has been placed aboard an aircraft or other conveyance for removal and the normal boarding has been completed. [65 FR 80298, Dec. 21, 2000, as amended at 67 FR 39259, June 7, 2002] § 241.7 Self-removal. A district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs may permit an alien ordered removed (including an alien ordered excluded or deported in proceedings prior to April 1, 1997) to depart at his or her own expense to a destination of his or her own choice. Any alien who has departed from the United States while an order of deportation or removal is outstanding shall be considered to have been deported, excluded and deported, or removed, except that an alien who departed before the expiration of the voluntary departure period granted in connection with an alternate order of deportation or removal shall not be considered to be so deported or removed. [67 FR 39260, June 7, 2002] § 241.8 Reinstatement of removal orders. (a) Applicability. (1) Whether the alien has been subject to a prior order of removal. The immigration officer must obtain the prior order of exclusion, deportation, or removal relating to the alien. (2) The identity of the alien, i.e. (3) Whether the alien unlawfully reentered the United States. In making this determination, the officer shall consider all relevant evidence, including statements made by the alien and any evidence in the alien's possession. The immigration officer shall attempt to verify an alien's claim, if any, that he or she was lawfully admitted, which shall include a check of Service data systems available to the officer. (b) Notice. (c) Order. (d) Exception for applicants for benefits under section 902 of HRIFA or sections 202 or 203 of NACARA. (e) Exception for withholding of removal. (f) Execution of reinstated order. [62 FR 10378, Mar. 6, 1997, as amended at 64 FR 8495, Feb. 19, 1999; 66 FR 29451, May 31, 2001] § 241.9 Notice to transportation line of alien's removal. (a) An alien who has been ordered removed shall, immediately or as promptly as the circumstances permit, be offered for removal to the owner, agent, master, commanding officer, person in charge, purser, or consignee of the vessel or aircraft on which the alien is to be removed, as determined by the district director, with a written notice specifying the cause of inadmissibility or deportability, the class of travel in which such alien arrived and is to be removed, and with the return of any documentation that will assist in effecting his or her removal. If special care and attention are required, the provisions of § 241.10 shall apply. (b) Failure of the carrier to accept for removal an alien who has been ordered removed shall result in the carrier being assessed any costs incurred by the Service for detention after the carrier's failure to accept the alien for removal, including the cost of any transportation as required under section 241(e) of the Act. The User Fee Account shall not be assessed for expenses incurred because of the carrier's violation of the provisions of section 241 of the Act and this paragraph. The Service will, at the carrier's option, retain custody of the alien for an additional 7 days beyond the date of the removal order. If, after the third day of this additional 7-day period, the carrier has not made all the necessary transportation arrangements for the alien to be returned to his or her point of embarkation by the end of the additional 7-day period, the Service will make the arrangements and bill the carrier for its costs. § 241.10 Special care and attention of removable aliens. When, in accordance with section 241(c)(3) of the Act, a transportation line is responsible for the expenses of an inadmissible or deportable alien's removal, and the alien requires special care and attention, the alien shall be delivered to the owner, agent, master, commanding officer, person in charge, purser, or consignee of the vessel or aircraft on which the alien will be removed, who shall be given Forms I-287, I-287A, and I-287B. The reverse of Form I-287A shall be signed by the officer of the vessel or aircraft to whom the alien has been delivered and immediately returned to the immigration officer effecting delivery. Form I-287B shall be retained by the receiving officer and subsequently filled out by the agents or persons therein designated and returned by mail to the district director named on the form. The transportation line shall at its own expense forward the alien from the foreign port of disembarkation to the final destination specified on Form I-287. The special care and attention shall be continued to such final destination, except when the foreign public officers decline to allow such attendant to proceed and they take charge of the alien, in which case this fact shall be recorded by the transportation line on the reverse of Form I-287B. If the transportation line fails, refuses, or neglects to provide the necessary special care and attention or comply with the directions of Form I-287, the district director shall thereafter and without notice employ suitable persons, at the expense of the transportation line, and effect such removal. § 241.11 Detention and removal of stowaways. (a) Presentation of stowaways. (b) Removal of stowaways from vessel or aircraft for medical treatment. (c) Repatriation of stowaways Requirements of carrier. (2) Detention of stowaways ordered removed. (d) Stowaways claiming asylum Referral for credible fear determination. (2) Costs of detention of asylum-seeking stowaways. [62 FR 10378, Mar. 6, 1997, as amended at 64 FR 8495, Feb. 19, 1999] § 241.12 Nonapplication of costs of detention and maintenance. The owner of a vessel or aircraft bringing an alien to the United States who claims to be exempt from payment of the costs of detention and maintenance of the alien pursuant to section 241(c)(3)(B) of the Act shall establish to the satisfaction of the district director in charge of the port of arrival that such costs should not be applied. The district director shall afford the owner a reasonable time within which to submit affidavits and briefs to support the claim. There is no appeal from the decision of the district director. § 241.13 Determination of whether there is a significant likelihood of removing a detained alien in the reasonably foreseeable future. (a) Scope. (b) Applicability to particular aliens Relationship to § 241.4. (2) Continued detention pending determinations. (ii) The HQPDU has no obligation to release an alien under this section until the HQPDU has had the opportunity during a six-month period, dating from the beginning of the removal period (whenever that period begins and unless that period is extended as provided in section 241(a)(1) of the Act), to make its determination as to whether there is a significant likelihood of removal in the reasonably foreseeable future. (3) Limitations. (i) Arriving aliens, including those who have not entered the United States, those who have been granted immigration parole into the United States, and Mariel Cubans whose parole is governed by § 212.12 of this chapter; (ii) Aliens subject to a final order of removal who are still within the removal period, including aliens whose removal period has been extended for failure to comply with the requirements of section 241(a)(1)(C) of the Act; or (iii) Aliens who are ordered removed by the Alien Terrorist Removal Court pursuant to title 5 of the Act. (c) Delegation of authority. (d) Showing by the alien Written request. (2) Compliance and cooperation with removal efforts. (3) Timing of request. (e) Review by HQPDU Initial response. (2) Lack of compliance, failure to cooperate. (3) Referral to the State Department. (4) Response by alien. (5) Interview. (6) Special circumstances. (f) Factors for consideration. (g) Decision. (1) Finding of no significant likelihood of removal. (2) Denial. (h) Conditions of release In general. see, e.g., (2) Advice of consequences for violating conditions of release. (3) Employment authorization. (4) Withdrawal of release approval. (i) Revocation of release Violation of conditions of release. (2) Revocation for removal. (3) Revocation procedures. (j) Subsequent requests for review. de novo [66 FR 56977, Nov. 14, 2001, as amended at 70 FR 673, Jan. 5, 2005] § 241.14 Continued detention of removable aliens on account of special circumstances. (a) Scope. (1) Applicability. (2) Jurisdiction. (b) Aliens with a highly contagious disease that is a threat to public safety. (1) Recommendation. (2) Conditions of release. (c) Aliens detained on account of serious adverse foreign policy consequences of release Certification. (i) Without regard to the grounds upon which the alien has been found inadmissible or removable, the alien is a person described in section 212(a)(3)(C) or section 237(a)(4)(C) of the Act; (ii) The alien's release is likely to have serious adverse foreign policy consequences for the United States; and (iii) No conditions of release can reasonably be expected to avoid those serious adverse foreign policy consequences, (2) Foreign policy consequences. (3) Ongoing review. (d) Aliens detained on account of security or terrorism concerns Standard for continued detention. (i) The alien is a person described in section 212(a)(3)(A) or (B) or section 237(a)(4)(A) of (B) of the Act or the alien has engaged or will likely engage in any other activity that endangers the national security; (ii) The alien's release presents a significant threat to the national security or a significant risk of terrorism; and (iii) No conditions of release can reasonably be expected to avoid the threat to the national security or the risk of terrorism, as the case may be. (2) Procedure. (i) The Service shall provide a description of the factual basis for the alien's continued detention; and (ii) The alien shall have a reasonable opportunity to examine evidence against him or her, and to present information on his or her own behalf. (3) Aliens ordered removed on grounds other than national security or terrorism. (i) An immigration officer shall, if possible, conduct an interview in person and take a sworn question-and-answer statement from the alien, and the Service shall provide an interpreter for such interview, if such assistance is determined to be appropriate; and (ii) The alien may be accompanied at the interview by an attorney or other representative of his or her choice in accordance with 8 CFR part 292, at no expense to the government. (4) Factors for consideration. (i) The recommendations of appropriate enforcement officials of the Service, including the director of the Headquarters Post-order Detention Unit (HQPDU), and of the Federal Bureau of Investigation or other federal law enforcement or national security agencies; (ii) The statements and information submitted by the alien, if any; (iii) The extent to which the alien's previous conduct (including but not limited to the commission of national security or terrorism-related offenses, engaging in terrorist activity or other activity that poses a danger to the national security and any prior convictions in a federal, state or foreign court) indicates a likelihood that the alien's release would present a significant threat to the national security or a significant risk of terrorism; and (iv) Other special circumstances of the alien's case indicating that release from detention would present a significant threat to the national security or a significant risk of terrorism. (5) Recommendation to the Attorney General. (6) Attorney General certification. (7) Ongoing review. (e) [Reserved] (f) Detention of aliens determined to be specially dangerous Standard for continued detention. (i) The alien has previously committed one or more crimes of violence as defined in 18 U.S.C. 16; (ii) Due to a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; and (iii) No conditions of release can reasonably be expected to ensure the safety of the public. (2) Determination by the Commissioner. (3) Medical or mental health examination. (4) Detention pending review. (g) Referral to Immigration Judge. (1) Factual basis. (2) Notice of reasonable cause hearing. (3) Notice of alien's rights. (i) The alien shall be provided with a list of free legal services providers, and may be represented by an attorney or other representative of his or her choice in accordance with 8 CFR part 292, at no expense to the Government; (ii) The Immigration Court shall provide an interpreter for the alien, if necessary, for the reasonable cause hearing and the merits hearing. (iii) The alien shall have a reasonable opportunity to examine evidence against the alien, to present evidence in the alien's own behalf, and to cross-examine witnesses presented by the Service; and (iv) The alien shall have the right, at the merits hearing, to cross-examine the author of any medical or mental health reports used as a basis for the determination under paragraph (f) of this section that the alien is specially dangerous. (4) Record. (h) Reasonable cause hearing. (1) Scheduling of hearing. (2) Evidence. (3) Decision. (4) Appeal. (i) If the Service reserves appeal of a dismissal of the reasonable cause hearing, the immigration judge's order shall be stayed until the expiration of the time to appeal. Upon the Service's filing of a timely Notice of Appeal, the immigration judge's order shall remain in abeyance pending a final decision of the appeal. The stay shall expire if the Service fails to file a timely Notice of Appeal. (ii) The Board will decide the Service's appeal, by single Board Member review, based on the record of proceedings before the immigration judge. The Board shall expedite its review as far as practicable, as the highest priority among the appeals filed by detained aliens, and shall determine the issue within 20 business days of the filing of the notice of appeal, unless that time is extended by agreement of both parties, by a determination from the Chairman of the Board that exceptional circumstances make it impractical to render the decision on a highly expedited basis, or because of delay caused by the alien. (iii) If the Board determines that the Service has met its burden of showing reasonable cause under this paragraph (h), the Board shall remand the case to the immigration judge for the scheduling of a merits hearing under paragraph (i) of this section. If the Board determines that the Service has not met its burden, the Board shall dismiss the review proceedings under this section. (i) Merits hearing. (1) Evidence. (2) Factors for consideration. (i) The alien's prior criminal history, particularly the nature and seriousness of any prior crimes involving violence or threats of violence; (ii) The alien's previous history of recidivism, if any, upon release from either Service or criminal custody; (iii) The substantiality of the Service's evidence regarding the alien's current mental condition or personality disorder; (iv) The likelihood that the alien will engage in acts of violence in the future; and (v) The nature and seriousness of the danger to the public posed by the alien's release. (3) Decision. (i) If the immigration judge determines that the Service has met its burden, the immigration judge shall enter an order providing for the continued detention of the alien. (ii) If the immigration judge determines that the Service has failed to meet its burden, the immigration judge shall order that the review proceedings under this section be dismissed. (4) Appeal. (i) If the Service reserves appeal of a dismissal, the immigration judge's order shall be stayed until the expiration of the time to appeal. Upon the Service's filing of a timely Notice of Appeal, the immigration judge's order shall remain in abeyance pending a final decision of the appeal. The stay shall expire if the Service fails to file a timely Notice of Appeal. (ii) The Board shall conduct its review of the appeal as provided in 8 CFR part 3, but shall expedite its review as far as practicable, as the highest priority among the appeals filed by detained aliens. The decision of the Board shall be final as provided in § 3.1(d)(3) of this chapter. (j) Release of alien upon dismissal of proceedings. (k) Subsequent review for aliens whose release would pose a special danger to the public Periodic review. (2) Alien's request for review. (3) Time for review. (4) Showing of changed circumstances. (5) Review by the Service. (6) Motion to set aside determination in prior review proceedings. (i) If the immigration judge determines that the alien has provided good reason to believe that, because of a material change in circumstances, releasing the alien would no longer pose a special danger to the public under the standards of paragraph (f)(1) of this section, the immigration judge shall set aside the determination in the prior review proceedings under this section and schedule a new merits hearing as provided in paragraph (i) of this section. (ii) Unless the immigration judge determines that the alien has satisfied the requirements under paragraph (k)(6)(i) of this section, the immigration judge shall deny the motion. Neither the immigration judge nor the Board may sua sponte (iii) The alien may appeal an adverse decision to the Board in accordance with § 3.38 of this chapter. The Notice of Appeal should state clearly and conspicuously that this is an appeal of a denial of a motion to set aside a prior determination in review proceedings under this section. [66 FR 56979, Nov. 14, 2001] § 241.15 Countries to which aliens may be removed. (a) Country. (b) Acceptance. (c) Absence or lack of response. (d) Prior commitment. (e) Specific provisions regarding acceptance. (f) Interest of the United States controlling. (g) Limitation on construction. [70 FR 673, Jan. 5, 2005] §§ 241.16-241.19 [Reserved] Subpart B—Deportation of Excluded Aliens (for Hearings Commenced Prior to April 1, 1997) § 241.20 Proceedings commenced prior to April 1, 1997. Subpart B of 8 CFR part 241 applies to exclusion 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. § 241.21 Stay of deportation of excluded alien. The district director in charge of the port of arrival may stay the immediate deportation of an excluded alien pursuant to sections 237 (a) and (d) of the Act under such conditions as he or she may prescribe. § 241.22 Notice to surrender for deportation. An alien who has been finally excluded pursuant to 8 CFR part 240, subpart D may at any time surrender himself or herself to the custody of the Service and shall surrender to such custody upon notice in writing of the time and place for his or her surrender. The Service may take the alien into custody at any time. An alien taken into custody either upon notice to surrender or by arrest shall not be deported less than 72 hours thereafter without his or her consent thereto filed in writing with the district director in charge of the place of his or her detention. An alien in foreign contiguous territory shall be informed that he or she may remain there in lieu of surrendering to the Service, but that he or she will be deemed to have acknowledged the execution of the order of exclusion and deportation in his or her case upon his or her failure to surrender at the time and place prescribed. § 241.23 Cost of maintenance not assessed. A claim pursuant to section 237(a)(1) of the Act shall be established to the satisfaction of the district director in charge of the port of arrival, from whose adverse decision no appeal shall lie. The district director shall afford the line a reasonable time within which to submit affidavits and briefs to support its claim. § 241.24 Notice to transportation line of alien's exclusion. (a) An excluded alien shall, immediately or as promptly as the circumstances permit, be offered for deportation to the master, commanding officer, purser, person in charge, agent, owner, or consignee of the vessel or aircraft on which the alien is to be deported, as determined by the district director, with a written notice specifying the cause of exclusion, the class of travel in which such alien arrived and is to be deported, and with the return of any documentation that will assist in effecting his or her deportation. If special care and attention are required, the provisions of § 241.10 shall apply. (b) Failure of the carrier to accept for removal an alien who has been ordered excluded and deported shall result in the carrier being assessed any costs incurred by the Service for detention after the carrier's failure to accept the alien for removal including the cost of any transportation. The User Fee Account shall not be assessed for expenses incurred because of the carrier's violation of the provisions of section 237 of the Act and this paragraph. The Service will, at the carrier's option, retain custody of the excluded alien for an additional 7 days beyond the date of the deportation/exclusion order. If, after the third day of this additional 7-day period, the carrier has not made all the necessary transportation arrangements for the excluded alien to be returned to his or her point of embarkation by the end of the additional 7-day period, the Service will make the arrangements and bill the carrier for its costs. § 241.25 Deportation. (a) Definitions of terms. (1) Adjacent island (2) Foreign contiguous territory (3) Residence in foreign contiguous territory or adjacent island (4) Aircraft or vessel (5) Next available flight (b) Place to which deported. (c) Contiguous territory and adjacent islands. (d) Land border pedestrian arrivals. [62 FR 10378, Mar. 6, 1997, as amended at 70 FR 673, Jan. 5, 2005] §§ 241.26-241.29 [Reserved] 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. 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. § 241.31 Final order of deportation. An order of deportation becomes final in accordance with 8 CFR 1241.31. [70 FR 673, Jan. 5, 2005] § 241.32 Warrant of deportation. 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. § 241.33 Expulsion. (a) Execution of order. (b) Service of decision. [62 FR 10378, Mar. 6, 1997, as amended at 65 FR 82256, Dec. 28, 2000; 70 FR 674, Jan. 5, 2005]