[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.25]

[Page 445-446]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 240_PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED 
STATES--Table of Contents
 
                      Subpart C_Voluntary Departure
 
Sec. 240.25  Voluntary departure--authority of the Service.


    (a) Authorized officers. The authority contained in section 240B(a) 
of the Act to permit aliens to depart voluntarily from the United States 
may be exercised in lieu of being subject to proceedings under section 
240 of the Act by district directors, assistant district directors for 
investigations, assistant district directors for examinations, officers 
in charge, chief patrol agents, the Deputy Executive Associate 
Commissioner for Detention and Removal, the Director of the Office of 
Juvenile Affairs, service center directors, and assistant service center 
directors for examinations.
    (b) Conditions. The Service may attach to the granting of voluntary 
departure any conditions it deems necessary to ensure the alien's timely 
departure from the United States, including the posting of a bond, 
continued detention pending departure, and removal under safeguards. The 
alien shall be required to present to the Service, for inspection and 
photocopying, his or her passport or other travel documentation 
sufficient to assure lawful entry into the country to which the alien is 
departing. The Service may hold the passport or documentation for 
sufficient time to investigate its authenticity. A voluntary departure 
order permitting an alien to depart voluntarily shall inform the alien 
of the penalties under section 240B(d) of the Act.
    (c) Decision. The authorized officer, in his or her discretion, 
shall specify the period of time permitted for voluntary departure, and 
may grant extensions thereof, except that the total period allowed, 
including any extensions, shall not exceed 120 days. Every decision 
regarding voluntary departure shall be communicated in writing on Form 
I-210, Notice of Action--Voluntary Departure. Voluntary departure may 
not be granted unless the alien requests such voluntary departure and 
agrees to its terms and conditions.
    (d) Application. Any alien who believes himself or herself to be 
eligible for voluntary departure under this section may apply therefor 
at any office of the Service. After the commencement of removal 
proceedings, the application may be communicated through the Service 
counsel. If the Service agrees to voluntary departure after proceedings 
have commenced, it may either:
    (1) Join in a motion to terminate the proceedings, and if the 
proceedings are terminated, grant voluntary departure; or
    (2) Join in a motion asking the immigration judge to permit 
voluntary departure in accordance with Sec. 240.26.
    (e) Appeals. An appeal shall not lie from a denial of an application 
for voluntary departure under this section, but the denial shall be 
without prejudice to the alien's right to apply to the immigration judge 
for voluntary departure in accordance with Sec. 240.26 or for relief 
from removal under any provision of law.
    (f) Revocation. If, subsequent to the granting of an application for 
voluntary departure under this section, it is ascertained that the 
application should not have been granted, that grant may be revoked 
without advance notice by any officer authorized to grant voluntary 
departure under Sec. 240.25(a). Such revocation shall be communicated 
in writing, citing the

[[Page 446]]

statutory basis for revocation. No appeal shall lie from revocation.

[62 FR 10367, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002]

Subpart D--Exclusion of Aliens (for Proceedings Commenced Prior to April 1, 
1997) [Reserved]

Subpart E--Proceedings to Determine Deportability of Aliens in the United 
States: Hearing and Appeal (for Proceedings Commenced Prior to April 1, 
1997) [Reserved]

Subpart F--Suspension of Deportation and Voluntary Departure (for 
Proceedings Commenced Prior to April 1, 1997) [Reserved]

Subpart G--Civil Penalties for Failure to Depart [Reserved]