[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: 8CFR215.7]



[Page 388]

 

                     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. 215.7  Instructions from the Administrator required in certain cases.



    In the absence of appropriate instructions from the Administrator of 

the Bureau of Security and Consular Affairs, departure-control officers 

shall not exercise the authority conferred by Sec. 215.2 in the case of 

any alien who seeks to depart from the United States in the status of a 

nonimmigrant under section 101(a)(15) (A) or (G) of the Immigration and 

Nationality Act, or in the status of a nonimmigrant under section 11(3), 

11(4), or 11(5) of the Agreement between the United Nations and the 

United States of America regarding the Headquarters of the United 

Nations (61 Stat. 756): Provided, That in cases of extreme urgency, 

where the national security so requires, a departure-control officer may 

preliminarily exercise the authority conferred by Sec. 215.2 pending 

the outcome of consultation with the Administrator, which shall be 

undertaken immediately. In all cases arising under this section, the 

decision of the Administrator shall be controlling: Provided, That any 

decision to prevent the departure of an alien shall be based upon a 

hearing and record as prescribed in this part.