[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: 8CFR3.4]

[Page 20]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
                 Subpart A--Board of Immigration Appeals
 
Sec. 3.4  Withdrawal of appeal.

    In any case in which an appeal has been taken, the party taking the 
appeal may file a written withdrawal thereof with the office at which 
the notice of appeal was filed. If the record in the case has not been 
forwarded to the Board on appeal in accordance with Sec. 3.5, the 
decision made in the case shall be final to the same extent as if no 
appeal had been taken. If the record has been forwarded on appeal, the 
withdrawal of the appeal shall be forwarded to the Board and, if no 
decision in the case has been made on the appeal, the record shall be 
returned and the initial decision shall be final to the same extent as 
if no appeal had been taken. If a decision on the appeal has been made 
by the Board in the case, further action shall be taken in accordance 
therewith. Departure from the United States of a person who is the 
subject of deportation proceedings subsequent to the taking of an 
appeal, but prior to a decision thereon, shall constitute a withdrawal 
of the appeal, and the initial decision in the case shall be final to 
the same extent as though no appeal had been taken. Departure from the 
United States of a person who is the subject of deportation or removal 
proceedings, except for arriving aliens as defined in Sec. 1.1(q) of 
this chapter, subsequent to the taking of an appeal, but prior to a 
decision thereon, shall constitute a withdrawal of the appeal, and the 
initial decision in the case shall be final to the same extent as though 
no appeal had been taken.

[61 FR 18907, Apr. 29, 1996, as amended at 62 FR 10331, Mar. 6, 1997]