[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: 8CFR3.4]

[Page 22-23]
 
                     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

[[Page 23]]

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]