[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR217.4]

[Page 412-413]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 217--VISA WAIVER PILOT PROGRAM--Table of Contents
 
Sec. 217.4  Inadmissibility and deportability.

    (a) Determinations of inadmissibility. (1) An alien who applies for 
admission under the provisions of section 217 of the Act, who is 
determined by an immigration officer not to be eligible for admission 
under that section or to be inadmissible to the United States under one 
or more of the grounds of inadmissibility listed in section 212 of the 
Act (other than for lack of a visa), or who is in possession of and 
presents fraudulent or counterfeit travel documents, will be refused 
admission into the United States and removed. Such refusal and removal 
shall be made at the level of the port director or officer-in-charge, or 
an officer acting in that capacity, and shall be effected without 
referral of the alien to an immigration judge for further inquiry, 
examination, or hearing, except that an alien who

[[Page 413]]

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 Sec. 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 
Sec. 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 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]