PART 1235—INSPECTION OF PERSONS APPLYING FOR ADMISSION Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1201, 1224, 1225, 1226, 1228, 1365a note, 1379, 1731-32; Title VII of Pub. L. 110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458); Public Law 115-218. Source: Duplicated from part 235 at 68 FR 9837, Feb. 28, 2003. Editorial Note: Nomenclature changes to part 1235 appear at 68 FR 9846, Feb. 28, 2003, and at 68 FR 10354, Mar. 5, 2003. §§ 1235.1-1235.3 [Reserved] § 1235.4 Withdrawal of application for admission. The Attorney General may, in his or her discretion, permit any alien applicant for admission to withdraw his or her application for admission in lieu of removal proceedings under section 240 of the Act or expedited removal under section 235(b)(1) of the Act. The alien's decision to withdraw his or her application for admission must be made voluntarily, but nothing in this section shall be construed as to give an alien the right to withdraw his or her application for admission. Permission to withdraw an application for admission should not normally be granted unless the alien intends and is able to depart the United States immediately. An alien permitted to withdraw his or her application for admission shall normally remain in carrier or Service custody pending departure, unless the district director determines that parole of the alien is warranted in accordance with § 1212.5(b) of this chapter. [62 FR 10358, Mar. 6, 1997; 62 FR 15363, Apr. 1, 1997; 65 FR 82256, Dec. 28, 2000] § 1235.5 [Reserved] § 1235.6 Referral to immigration judge. (a) Notice Referral by Form I-862, Notice to Appear. (i) If, in accordance with the provisions of section 235(b)(2)(A) of the Act, the examining immigration officer detains an alien for a proceeding before an immigration judge under section 240 of the Act; or (ii) If an immigration officer verifies that an alien subject to expedited removal under section 235(b)(1) of the Act has been admitted as a lawful permanent resident or refugee, or granted asylum, or, upon review pursuant to § 235.3(b)(5)(iv) of chapter I, an immigration judge determines that the alien was once so admitted or granted asylum, provided that such status has not been terminated by final administrative action, and DHS initiates removal proceedings against the alien under section 240 of the Act. (2) Referral by Form I-863, Notice of Referral to Immigration Judge. (i) If an asylum officer determines that an alien does not have a credible fear of persecution or torture, and the alien requests a review of that determination by an immigration judge; (ii) If, in accordance with section 235(b)(1)(C) of the Act, an immigration officer refers an expedited removal order entered on an alien claiming to be a lawful permanent resident, refugee, asylee, or U.S. citizen for whom the officer could not verify such status to an immigration judge for review of the order; or (iii) If an immigration officer refers an applicant in accordance with the provisions of 8 CFR 208.2(b) to an immigration judge. (b) Certification for mental condition; medical appeal. (c) The provisions of part 1235 are separate and severable from one another. In the event that any provision in part 1235 is stayed, enjoined, not implemented, or otherwise held invalid, the remaining provisions shall nevertheless be implemented as an independent rule and continue in effect. [62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999; 74 FR 55744, Oct. 28, 2009; 85 FR 23904, Apr. 30, 2020; 85 FR 80400, Dec. 11, 2020; 86 FR 1737, Jan. 11, 2021; 87 FR 18223, Mar. 29, 2022] § 1235.8 Inadmissibility on security and related grounds. (a) Report. (b) Action by regional director. (2) If the regional director concludes that the case does not meet the criteria contained in section 235(c)(2)(B) of the Act, the regional director may direct that: (i) An immigration officer shall conduct a further examination of the alien, concerning the alien's admissibility; or, (ii) The alien's case be referred to an immigration judge for a hearing, or for the continuation of any prior hearing. (3) The regional director's decision shall be in writing and shall be signed by the regional director. Unless the written decision contains confidential information, the disclosure of which would be prejudicial to the public interest, safety, or security of the United States, the written decision shall be served on the alien. If the written decision contains such confidential information, the alien shall be served with a separate written order showing the disposition of the case, but with the confidential information deleted. (4) The Service shall not execute a removal order under this section under circumstances that violate section 241(b)(3) of the Act or Article 3 of the Convention Against Torture. The provisions of part 1208 of this chapter relating to consideration or review by an immigration judge, the Board of Immigration Appeals, or an asylum officer shall not apply. (c) Finality of decision. (d) Hearing by immigration judge. (e) Nonapplicability. [62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999] § 1235.9 Northern Marianas identification card. During the two-year period that ended July 1, 1990, the Service issued Northern Marianas Identification Cards to aliens who acquired United States citizenship when the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States entered into force on November 3, 1986. These cards remain valid as evidence of United States citizenship. Although the Service no longer issues these cards, a United States citizen to whom a card was issued may file Form I-777, Application for Issuance or Replacement of Northern Marianas Card, to obtain replacement of a lost, stolen, or mutilated Northern Marianas Identification Card. [62 FR 10359, Mar. 6, 1997] § 1235.10 U.S. Citizen Identification Card. (a) General. (b) Surrender and voidance Institution of proceeding under section 240 or 342 of the Act. (2) Investigation of validity of identification card. (3) Admission of alienage. (4) Surrender of void card. (c) U.S. Citizen Identification Card previously issued on Form I-179. [62 FR 10359, Mar. 6, 1997] § 1235.11 Admission of conditional permanent residents. (a) General Conditional residence based on family relationship. (2) Conditional residence based on entrepreneurship. (b) Correction of endorsement on immigrant visa. (c) Expired conditional permanent resident status. [62 FR 10360, Mar. 6, 1997]