[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: 8CFR240.25]



[Page 445-446]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 240_PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED 

STATES--Table of Contents

 

                      Subpart C_Voluntary Departure

 

Sec. 240.25  Voluntary departure--authority of the Service.





    (a) Authorized officers. The authority contained in section 240B(a) 

of the Act to permit aliens to depart voluntarily from the United States 

may be exercised in lieu of being subject to proceedings under section 

240 of the Act by district directors, assistant district directors for 

investigations, assistant district directors for examinations, officers 

in charge, chief patrol agents, the Deputy Executive Associate 

Commissioner for Detention and Removal, the Director of the Office of 

Juvenile Affairs, service center directors, and assistant service center 

directors for examinations.

    (b) Conditions. The Service may attach to the granting of voluntary 

departure any conditions it deems necessary to ensure the alien's timely 

departure from the United States, including the posting of a bond, 

continued detention pending departure, and removal under safeguards. The 

alien shall be required to present to the Service, for inspection and 

photocopying, his or her passport or other travel documentation 

sufficient to assure lawful entry into the country to which the alien is 

departing. The Service may hold the passport or documentation for 

sufficient time to investigate its authenticity. A voluntary departure 

order permitting an alien to depart voluntarily shall inform the alien 

of the penalties under section 240B(d) of the Act.

    (c) Decision. The authorized officer, in his or her discretion, 

shall specify the period of time permitted for voluntary departure, and 

may grant extensions thereof, except that the total period allowed, 

including any extensions, shall not exceed 120 days. Every decision 

regarding voluntary departure shall be communicated in writing on Form 

I-210, Notice of Action--Voluntary Departure. Voluntary departure may 

not be granted unless the alien requests such voluntary departure and 

agrees to its terms and conditions.

    (d) Application. Any alien who believes himself or herself to be 

eligible for voluntary departure under this section may apply therefor 

at any office of the Service. After the commencement of removal 

proceedings, the application may be communicated through the Service 

counsel. If the Service agrees to voluntary departure after proceedings 

have commenced, it may either:

    (1) Join in a motion to terminate the proceedings, and if the 

proceedings are terminated, grant voluntary departure; or



[[Page 446]]



    (2) Join in a motion asking the immigration judge to permit 

voluntary departure in accordance with Sec. 240.26.

    (e) Appeals. An appeal shall not lie from a denial of an application 

for voluntary departure under this section, but the denial shall be 

without prejudice to the alien's right to apply to the immigration judge 

for voluntary departure in accordance with Sec. 240.26 or for relief 

from removal under any provision of law.

    (f) Revocation. If, subsequent to the granting of an application for 

voluntary departure under this section, it is ascertained that the 

application should not have been granted, that grant may be revoked 

without advance notice by any officer authorized to grant voluntary 

departure under Sec. 240.25(a). Such revocation shall be communicated 

in writing, citing the statutory basis for revocation. No appeal shall 

lie from revocation.



[62 FR 10367, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002]



Subpart D--Exclusion of Aliens (for Proceedings Commenced Prior to April 1, 

1997) [Reserved]



Subpart E--Proceedings to Determine Deportability of Aliens in the United 

States: Hearing and Appeal (for Proceedings Commenced Prior to April 1, 

1997) [Reserved]



Subpart F--Suspension of Deportation and Voluntary Departure (for 

Proceedings Commenced Prior to April 1, 1997) [Reserved]



Subpart G--Civil Penalties for Failure to Depart [Reserved]