[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: 8CFR215.2]



[Page 384-385]

 

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

departure from the United States.



    (a) No alien shall depart, or attempt to depart, from the United 

States if his departure would be prejudicial to the interests of the 

United States under the provisions of Sec. 215.3. Any departure-control 

officer who knows or has reason to believe that the case of an alien in 

the United States comes within the provisions of Sec. 215.3 shall 

temporarily prevent the departure of such alien from the United States 

and shall serve him with a written temporary order directing him not to 

depart, or attempt to depart, from the United States until notified of 

the revocation of the order.

    (b) The written order temporarily preventing an alien, other than an 

enemy alien, from departing from the United States shall become final 15 

days after the date of service thereof upon the alien, unless prior 

thereto the alien requests a hearing as hereinafter provided. At such 

time as the alien is served with an order temporarily preventing his 

departure from the United States, he shall be notified in writing 

concerning the provisions of this paragraph, and shall be advised of his 

right to request a hearing if entitled thereto under Sec. 215.4. In the 

case of an enemy alien, the written order preventing departure shall 

become final on the date of its service upon the alien.

    (c) Any alien who seeks to depart from the United States may be 

required, in the discretion of the departure-control officer, to be 

examined under oath and to submit for official inspection all documents, 

articles, and other property in his possession which are being removed 

from the United States upon, or in connection with, the alien's 

departure. The departure-control officer may permit certain other 

persons, including officials of the Department of State and 

interpreters, to participate in such examination or inspection and may 

exclude from presence at such examination or inspection any person whose 

presence would not further the objectives of such examination or 

inspection. The departure-control officer shall temporarily prevent



[[Page 385]]



the departure of any alien who refuses to submit to such examination or 

inspection, and may, if necessary to the enforcement of this 

requirement, take possession of the alien's passport or other travel 

document.