[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: 8CFR241.33]



[Page 481]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

of Contents

 

   Subpart C_Deportation of Aliens in the United States (for Hearings 

                    Commenced Prior to April 1, 1997)

 

Sec. 241.33  Expulsion.



    (a) Execution of order. Except in the exercise of discretion by the 

district director, and for such reasons as are set forth in Sec. 

212.5(b) of this chapter, once an order of deportation becomes final, an 

alien shall be taken into custody and the order shall be executed. An 

order of deportation becomes final in accordance with 8 CFR 1241.31.

    (b) Service of decision. In the case of an order entered by any of 

the authorities enumerated above, the order shall be executed no sooner 

than 72 hours after service of the decision, regardless of whether the 

alien is in Service custody, provided that such period may be waived on 

the knowing and voluntary request of the alien. Nothing in this 

paragraph shall be construed, however, to preclude assumption of custody 

by the Service at the time of issuance of the final order.



[62 FR 10378, Mar. 6, 1997, as amended at 65 FR 82256, Dec. 28, 2000; 70 

FR 674, Jan. 5, 2005]



                        PARTS 242-243 [RESERVED]