[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: 8CFR241.15]



[Page 478-479]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 241_APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED--Table 

of Contents

 

              Subpart A_Post-hearing Detention and Removal

 

Sec. 241.15  Countries to which aliens may be removed.



    (a) Country. For the purposes of section 241(b) of the Act (8 U.S.C. 

1231(b)), the Secretary retains discretion to remove an alien to any 

country described in section 241(b) of the Act (8 U.S.C. 1231(b)), 

without regard to the nature or existence of a government.

    (b) Acceptance. For the purposes of section 241(b) of the Act (8 

U.S.C. 1231(b)), the Secretary retains discretion to determine the 

effect, if any, of acceptance or lack thereof, when an acceptance by a 

country is required, and what constitutes sufficient acceptance.

    (c) Absence or lack of response. The absence of or lack of response 

from a de jure or functioning government (whether recognized by the 

United States, or otherwise) or a body acting as a de jure or 

functioning government in the receiving country does not preclude the 

removal of an alien to a receiving country.

    (d) Prior commitment. No commitment of acceptance by the receiving 

country is required prior to designation of the



[[Page 479]]



receiving country, before travel arrangements are made, or before the 

alien is transported to the receiving country.

    (e) Specific provisions regarding acceptance. Where the Department 

cannot remove an alien under section 241(b)(2)(A)-(D) of the Act, 

acceptance is not required to remove an alien to a receiving country 

pursuant to section 241(b)(2)(E)(i)-(vi) of the Act. Where the 

Department cannot remove an arriving alien under section 241(b)(1)(A) or 

(B) of the Act, acceptance is not required to remove an alien to a 

receiving country pursuant to section 241(b)(1)(C)(i)-(iii) of the Act.

    (f) Interest of the United States controlling. The Secretary or his 

designee may designate a country previously identified in section 

241(b)(2)(A)-(D) of the Act when selecting a removal country under 

section 241(b)(2)(E) of the Act (and may designate a country previously 

identified in section 241(b)(1)(A) or (B) of the Act when selecting an 

alternative removal country under subsection 241(b)(1)(C) of the Act) if 

the Secretary or his designee determines that such designation is in the 

best interests of the United States.

    (g) Limitation on construction. Nothing in this section shall be 

construed to create any substantive or procedural right or benefit that 

is legally enforceable by any party against the United States or its 

agencies or officers or any other person.



[70 FR 673, Jan. 5, 2005]