[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: 8CFR241.33]

[Page 541-542]
 
                     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 C--Deportation of Aliens in the United States (for Hearings 
                    Commenced Prior to April 1, 1997)
 
Sec. 241.33  Expulsion.

    (a) Execution of order. Except in the exercise of discretion by the 
district director, and for such reasons as are set forth in 
Sec. 212.5(b) of this chapter, once an order of deportation becomes 
final, an alien shall be taken into custody and the order shall be 
executed. For the purposes of this part, an order of deportation is 
final and subject to execution upon the date when any of the following 
occurs:
    (1) A grant of voluntary departure expires;
    (2) An immigration judge enters an order of deportation without 
granting voluntary departure or other relief, and the alien respondent 
waives his or her right to appeal;
    (3) The Board of Immigration Appeals enters an order of deportation 
on appeal, without granting voluntary departure or other relief; or
    (4) A Federal district or appellate court affirms an administrative 
order of deportation in a petition for review or habeas corpus action.
    (b) Service of decision. In the case of an order entered by any of 
the authorities enumerated above, the order shall be executed no sooner 
than 72 hours after service of the decision, regardless of whether the 
alien is in Service custody, provided that such period may be waived on 
the knowing and voluntary request of the alien. Nothing in this 
paragraph shall be construed, however, to preclude assumption of custody 
by

[[Page 542]]

the Service at the time of issuance of the final order.

[62 FR 10378, Mar. 6, 1997, as amended at 65 FR 82256, Dec. 28, 2000]

                        PARTS 242-243 [RESERVED]