[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: 8CFR217.4]



[Page 400-401]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 217_VISA WAIVER PROGRAM--Table of Contents

 

Sec. 217.4  Inadmissibility and deportability.



    (a) Determinations of inadmissibility. (1) An alien who applies for 

admission under the provisions of section 217 of the Act, who is 

determined by an immigration officer not to be eligible for admission 

under that section or to be inadmissible to the United States under one 

or more of the grounds of inadmissibility listed in section 212 of the 

Act (other than for lack of a visa), or who is in possession of and 

presents fraudulent or counterfeit travel documents, will be refused 

admission into the United States and removed. Such refusal and removal 

shall be made at the level of the port director or officer-in-charge, or 

an officer acting in that capacity, and shall be effected without 

referral of the alien to an immigration judge for further inquiry, 

examination, or hearing, except that an alien who presents himself or 

herself as an applicant for admission under section 217 of the Act, who 

applies for asylum in the United States must be issued a Form I-863, 

Notice of Referral to Immigration Judge, for a proceeding in accordance 

with Sec. 208.2(b)(1) and (2) of this chapter.

    (2) The removal of an alien under this section may be deferred if 

the alien is paroled into the custody of a Federal, State, or local law 

enforcement agency for criminal prosecution or punishment. This section 

in no way diminishes the discretionary authority of the Attorney General 

enumerated in section 212(d) of the Act.

    (3) Refusal of admission under paragraph (a)(1) of this section 

shall not constitute removal for purposes of the Act.

    (b) Determination of deportability. (1) An alien who has been 

admitted to the United States under the provisions of section 217 of the 

Act and of this part who is determined by an immigration officer to be 

deportable from the United States under one or more of the grounds of 

deportability listed in section 237 of the Act shall be removed from the 

United States to his or her country of nationality or last residence. 

Such removal shall be determined by the district director who has 

jurisdiction over the place where the alien is found, and shall be 

effected without referral of the alien to an immigration judge for a 

determination of deportability, except that an alien admitted as a Visa 

Waiver Pilot Program visitor who applies for asylum in the United States 

must be issued a Form I-863 for a proceeding in accordance with Sec. 

208.2(b)(1) and (2) of this chapter.

    (2) Removal by the district director under paragraph (b)(1) of this 

section is equivalent in all respects and has the same consequences as 

removal after proceedings conducted under section 240 of the Act.

    (c)(1) Removal of inadmissible aliens who arrived by air or sea. 

Removal of an alien from the United States under this section may be 

effected using the return portion of the round trip passage presented by 

the alien at the time of entry to the United States as required by 

section 217(a)(7) of the Act. Such removal shall be on the first 

available means of transportation to the alien's point of embarkation to 

the United States. Nothing in this part absolves the carrier of the 

responsibility to remove any inadmissible or deportable



[[Page 401]]



alien at carrier expense, as provided in the carrier agreement.

    (2) Removal of inadmissible and deportable aliens who arrived at 

land border ports-of-entry. Removal under this section will be by the 

first available means of transportation deemed appropriate by the 

district director.



[53 FR 24901, June 30, 1988, as amended at 56 FR 32953, July 18, 1991; 

62 FR 10351, Mar. 6, 1997]