[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: 8CFR235.4]



[Page 419]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 235_INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents

 

Sec. 235.4  Withdrawal of application for admission.



    The Attorney General may, in his or her discretion, permit any alien 

applicant for admission to withdraw his or her application for admission 

in lieu of removal proceedings under section 240 of the Act or expedited 

removal under section 235(b)(1) of the Act. The alien's decision to 

withdraw his or her application for admission must be made voluntarily, 

but nothing in this section shall be construed as to give an alien the 

right to withdraw his or her application for admission. Permission to 

withdraw an application for admission should not normally be granted 

unless the alien intends and is able to depart the United States 

immediately. An alien permitted to withdraw his or her application for 

admission shall normally remain in carrier or Service custody pending 

departure, unless the district director determines that parole of the 

alien is warranted in accordance with Sec. 212.5(b) of this chapter.



[62 FR 10358, Mar. 6, 1997; 62 FR 15363, Apr. 1, 1997; 65 FR 82256, Dec. 

28, 2000]