8 Cfr 217.6

Immigration and Naturalization Service, Justice
presents himself or herself as an applicant for admission under section 217 of
the Act, who applies for asylum in the
United States must be issued a Form I–
863, Notice of Referral to Immigration
Judge, for a proceeding in accordance
with § 208.2(b)(1) and (2) of this chapter.
(2) The removal of an alien under this
section may be deferred if the alien is
paroled into the custody of a Federal,
State, or local law enforcement agency
for criminal prosecution or punishment. This section in no way diminishes the discretionary authority of the
Attorney General enumerated in section 212(d) of the Act.
(3) Refusal of admission under paragraph (a)(1) of this section shall not
constitute removal for purposes of the
Act.
(b) Determination of deportability. (1)
An alien who has been admitted to the
United States under the provisions of
section 217 of the Act and of this part
who is determined by an immigration
officer to be deportable from the
United States under one or more of the
grounds of deportability listed in section 237 of the Act shall be removed
from the United States to his or her
country of nationality or last residence. Such removal shall be determined by the district director who has
jurisdiction over the place where the
alien is found, and shall be effected
without referral of the alien to an immigration judge for a determination of
deportability, except that an alien admitted as a Visa Waiver Pilot Program
visitor who applies for asylum in the
United States must be issued a Form I–
863 for a proceeding in accordance with
§ 208.2(b)(1) and (2) of this chapter.
(2) Removal by the district director
under paragraph (b)(1) of this section is
equivalent in all respects and has the
same consequences as removal after
proceedings conducted under section
240 of the Act.
(c)(1) Removal of inadmissible aliens
who arrived by air or sea. Removal of an
alien from the United States under this
section may be effected using the return portion of the round trip passage
presented by the alien at the time of
entry to the United States as required
by section 217(a)(7) of the Act. Such removal shall be on the first available
means of transportation to the alien’s

§ 221.1

point of embarkation to the United
States. Nothing in this part absolves
the carrier of the responsibility to remove any inadmissible or deportable
alien at carrier expense, as provided in
the carrier agreement.
(2) Removal of inadmissible and deportable aliens who arrived at land border
ports-of-entry. Removal under this section will be by the first available
means of transportation deemed appropriate by the district director.
[53 FR 24901, June 30, 1988, as amended at 56
FR 32953, July 18, 1991; 62 FR 10351, Mar. 6,
1997]

§ 217.5

[Reserved]

§ 217.6 Carrier agreements.
(a) General. The carrier agreements
referred to in section 217(e) of the Act
shall be made by the Commissioner on
behalf of the Attorney General and
shall be on Form I–775, Visa Waiver
Pilot Program Agreement.
(b) Termination of agreements. The
Commissioner, on behalf of the Attorney General, may terminate any carrier agreement under this part, with 5
days notice to a carrier, for the carrier’s failure to meet the terms of such
agreement. As a matter of discretion,
the Commissioner may notify a carrier
of the existence of a basis for termination of a carrier agreement under
this part and allow the carrier a period
not to exceed 15 days within which the
carrier may bring itself into compliance with the terms of the carrier
agreement. The agreement shall be
subject to cancellation by either party
for any reason upon 15 days’ written
notice to the other party.
[62 FR 10352, Mar. 6, 1997]

PART 221—ADMISSION OF
VISITORS OR STUDENTS
AUTHORITY: 8 U.S.C. 1101, 1103, 1201; 8 CFR
part 2.

§ 221.1 Admission under bond.
The district director having jurisdiction over the intended place of residence of an alien may accept a bond on
behalf of an alien defined in section
101(a)(15)(B) or (F) of the Act prior to
the issuance of a visa to the alien or

413

VerDate 112000

08:40 Jan 23, 2001

Jkt 194025

PO 00000

Frm 00413

Fmt 8010

Sfmt 8010

Y:\SGML\194025T.XXX

pfrm01

PsN: 194025T