[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR235.8]

[Page 422-423]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 235_INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents
 
Sec.  235.8  Inadmissibility on security and related grounds.

    (a) Report. When an immigration officer or an immigration judge 
suspects that an arriving alien appears to be inadmissible under section 
212(a)(3)(A) (other than clause (ii)), (B), or (C) of the Act, the 
immigration officer or immigration judge shall order the alien removed 
and report the action promptly to the district director who has 
administrative jurisdiction over the place where the alien has arrived 
or where the hearing is being held. The immigration officer shall, if 
possible, take a brief sworn question-and-answer statement from the 
alien, and the alien shall be notified by personal service of Form I-
147, Notice of Temporary Inadmissibility, of the action taken and the 
right to submit a written statement and additional information for 
consideration by the Attorney General. The district director shall 
forward the report to the regional director for further action as 
provided in paragraph (b) of this section.
    (b) Action by regional director. (1) In accordance with section 
235(c)(2)(B) of the Act, the regional director may deny any further 
inquiry or hearing by an immigration judge and order the alien removed 
by personal service of Form I-148, Notice of Permanent Inadmissibility, 
or issue any other order disposing of the case that the regional 
director considers appropriate.
    (2) If the regional director concludes that the case does not meet 
the criteria contained in section 235(c)(2)(B) of the Act, the regional 
director may direct that:
    (i) An immigration officer shall conduct a further examination of 
the alien, concerning the alien's admissibility; or,
    (ii) The alien's case be referred to an immigration judge for a 
hearing, or for the continuation of any prior hearing.
    (3) The regional director's decision shall be in writing and shall 
be signed by the regional director. Unless the written decision contains 
confidential information, the disclosure of which would be prejudicial 
to the public interest, safety, or security of the United States, the 
written decision shall be served on the alien. If the written decision 
contains such confidential information, the alien shall be served with a 
separate written order showing the disposition of the case, but with the 
confidential information deleted.
    (4) The Service shall not execute a removal order under this section 
under circumstances that violate section 241(b)(3) of the Act or Article 
3 of the Convention Against Torture. The provisions of part 208 of this 
chapter relating to consideration or review by an immigration judge, the 
Board of Immigration Appeals, or an asylum officer shall not apply.
    (c) Finality of decision. The regional director's decision under 
this section is final when it is served upon the alien in accordance 
with paragraph (b)(3) of this section. There is no administrative appeal 
from the regional director's decision.
    (d) Hearing by immigration judge. If the regional director directs 
that an alien subject to removal under this section be given a hearing 
or further hearing before an immigration judge, the hearing and all 
further proceedings in the matter shall be conducted in accordance with 
the provisions of section 240 of the Act and other applicable sections 
of the Act to the same extent as though the alien had been referred to 
an immigration judge by the examining immigration officer. In a case 
where the immigration judge ordered

[[Page 423]]

the alien removed pursuant to paragraph (a) of this section, the Service 
shall refer the case back to the immigration judge and proceedings shall 
be automatically reopened upon receipt of the notice of referral. If 
confidential information, not previously considered in the matter, is 
presented supporting the inadmissibility of the alien under section 
212(a)(3)(A) (other than clause (ii)), (B) or (C) of the Act, the 
disclosure of which, in the discretion of the immigration judge, may be 
prejudicial to the public interest, safety, or security, the immigration 
judge may again order the alien removed under the authority of section 
235(c) of the Act and further action shall be taken as provided in this 
section.
    (e) Nonapplicability. The provisions of this section shall apply 
only to arriving aliens, as defined in Sec.  1.1(q) of this chapter. 
Aliens present in the United States who have not been admitted or 
paroled may be subject to proceedings under Title V of the Act.

[62 FR 10358, Mar. 6, 1997, as amended at 64 FR 8494, Feb. 19, 1999]