[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR215.1]



[Page 383-384]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 215_CONTROLS OF ALIENS DEPARTING FROM THE UNITED STATES--Table of 

Contents

 

Sec. 215.1  Definitions.









Sec.

215.1 Definitions.

215.2 Authority of departure-control officer to prevent alien's 

          departure from the United States.

215.3 Alien whose departure is deemed prejudicial to the interests of 

          the United States.

215.4 Procedure in case of alien prevented from departing from the 

          United States.

215.5 Hearing procedure before special inquiry officer.

215.6 Departure from the Canal Zone, the Trust Territory of the Pacific 

          Islands, or outlying possessions of the United States.

215.7 Instructions from the Administrator required in certain cases.

215.8 Requirements for biometric identifiers from aliens on departure 

          from the United States.



    Authority: 8 U.S.C. 1104; 1184; 1185 (pursuant to Executive Order 

13323, published January 2, 2004), 1365a note, 1379, 1731-32.



    Source: 45 FR 65516, Oct. 3, 1980, unless otherwise noted.





    For the purpose of this part:

    (a) The term alien means any person who is not a citizen or national 

of the United States.

    (b) The term Commissioner means the Commissioner of Immigration and 

Naturalization.

    (c) The term regional commissioner means an officer of the 

Immigration and Naturalization Service duly appointed or designated as a 

regional commissioner, or an officer who has been designated to act as a 

regional commissioner.

    (d) The term district director means an officer of the Immigration 

and Naturalization Service duly appointed or designated as a district 

director, or an officer who has been designated to act as a district 

director.

    (e) The term United States means the several States, the District of 

Columbia, the Canal Zone, Puerto Rico, the Virgin Islands, Guam, 

American Samoa, Swains Island, the Trust Territory of the Pacific 

Islands, and all other territory and waters, continental and insular, 

subject to the jurisdiction of the United States.



[[Page 384]]



    (f) The term continental United States means the District of 

Columbia and the several States, except Alaska and Hawaii.

    (g) The term geographical part of the United States means: (1) The 

continental United States, (2) Alaska, (3) Hawaii, (4) Puerto Rico, (5) 

the Virgin Islands, (6) Guam, (7) the Canal Zone, (8) American Samoa, 

(9) Swains Island, or (10) the Trust Teritory of the Pacific Islands.

    (h) The term depart from the United States means depart by land, 

water, or air: (1) From the United States for any foreign place, or (2) 

from one geographical part of the United States for a separate 

geographical part of the United States: Provided, That a trip or journey 

upon a public ferry, passenger vessel sailing coastwise on a fixed 

schedule, excursion vessel, or aircraft, having both termini in the 

continental United States or in any one of the other geographical parts 

of the United States and not touching any territory or waters under the 

jurisdiction or control of a foreign power, shall not be deemed a 

departure from the United States.

    (i) The term departure-control officer means any immigration officer 

as defined in the regulations of the Immigration and Naturalization 

Service who is designated to supervise the departure of aliens, or any 

officer or employee of the United States designated by the Governor of 

the Canal Zone, the High Commissioner of the Trust Territory of the 

Pacific Islands, or the governor of an outlying possession of the United 

States, to supervise the departure of aliens.

    (j) The term port of departure means a port in the continental 

United States, Alaska, Guam, Hawaii, Puerto Rico or the Virgin Islands, 

designated as a port of entry by the Attorney General or by the 

Commissioner, or in exceptional circumstances such other place as the 

departure-control officer may, in his discretion, designate in an 

individual case, or a port in American Samoa, Swains Island, the Canal 

Zone, or the Trust Territory of the Pacific Islands, designated as a 

port of entry by the chief executive officer thereof.

    (k) The term special inquiry officer shall have the meaning ascribed 

thereto in section 101(b)(4) of the Immigration and Nationality Act.