[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR241.1]

[Page 516]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED--Table of Contents
 
              Subpart A--Post-hearing Detention and Removal
 
Sec. 241.1  Final order of removal.


    An order of removal made by the immigration judge at the conclusion 
of proceedings under section 240 of the Act shall become final:
    (a) Upon dismissal of an appeal by the Board of Immigration Appeals;
    (b) Upon waiver of appeal by the respondent;
    (c) Upon expiration of the time allotted for an appeal if the 
respondent does not file an appeal within that time;
    (d) If certified to the Board or Attorney General, upon the date of 
the subsequent decision ordering removal;
    (e) If an immigration judge orders an alien removed in the alien's 
absence, immediately upon entry of such order; or
    (f) If an immigration judge issues an alternate order of removal in 
connection with a grant of voluntary departure, upon overstay of the 
voluntary departure period except where the respondent has filed a 
timely appeal with the Board. In such a case, the order shall become 
final upon an order of removal by the Board or the Attorney General, or 
upon overstay of any voluntary departure period granted or reinstated by 
the Board or the Attorney General.