8 Cfr 241.6

Department of Homeland Security

§ 241.6

occur within approximately three
months after release is revoked. That
custody review will include a final
evaluation of any contested facts relevant to the revocation and a determination whether the facts as determined warrant revocation and further
denial of release. Thereafter, custody
reviews will be conducted annually
under the provisions of paragraphs (i),
(j), and (k) of this section.

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[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. An alien released pursuant to § 241.4 shall be released pursuant to an order of supervision. The Commissioner, Deputy
Commissioner, Executive Associate
Commissioner Field Operations, regional director, district director, acting district director, deputy district director, assistant district director for
investigations, assistant district director for detention and deportation, or
officer-in-charge may issue Form I–
220B, Order of Supervision. The order
shall specify conditions of supervision
including, but not limited to, the following:
(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. An officer authorized to issue an order of supervision
may require the posting of a bond in an
amount determined by the officer to be
sufficient to ensure compliance with

the conditions of the order, including
surrender for removal.
(c) Employment authorization. An officer authorized to issue an order of supervision may, in his or her discretion,
grant employment authorization to an
alien released under an order of supervision if the officer specifically finds
that:
(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.

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§ 241.7

8 CFR Ch. I (1–1–12 Edition)

(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]

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§ 241.8 Reinstatement of removal orders.
(a) Applicability. An alien who illegally reenters the United States after
having been removed, or having departed voluntarily, while under an
order of exclusion, deportation, or removal shall be removed from the
United States by reinstating the prior
order. The alien has no right to a hearing before an immigration judge in
such circumstances. In establishing
whether an alien is subject to this section, the immigration officer shall determine the following:
(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.,
whether the alien is in fact an alien

who was previously removed, or who
departed voluntarily while under an
order of exclusion, deportation, or removal. In disputed cases, verification
of identity shall be accomplished by a
comparison of fingerprints between
those of the previously excluded, deported, or removed alien contained in
Service records and those of the subject alien. In the absence of fingerprints in a disputed case the alien shall
not be removed pursuant to this paragraph.
(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. If an officer determines
that an alien is subject to removal
under this section, he or she shall provide the alien with written notice of
his or her determination. The officer
shall advise the alien that he or she
may make a written or oral statement
contesting the determination. If the
alien wishes to make such a statement,
the officer shall allow the alien to do
so and shall consider whether the
alien’s statement warrants reconsideration of the determination.
(c) Order. If the requirements of paragraph (a) of this section are met, the
alien shall be removed under the previous order of exclusion, deportation,
or removal in accordance with section
241(a)(5) of the Act.
(d) Exception for applicants for benefits
under section 902 of HRIFA or sections
202 or 203 of NACARA. If an alien who is
otherwise subject to this section has
applied for adjustment of status under
either section 902 of Division A of Public Law 105–277, the Haitian Refugee
Immigrant Fairness Act of 1998
(HRIFA), or section 202 of Pubic Law
105–100, the Nicaraguan Adjustment
and Central American Relief Act
(NACARA), the provisions of section
241(a)(5) of the Immigration and Nationality Act shall not apply. The immigration officer may not reinstate the

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