[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: 8CFR241.5]



[Page 464]

 

                     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. 241.5  Conditions of release after removal period.



    (a) Order of supervision. An alien released pursuant to Sec. 241.4 

shall be released pursuant to an order of supervision. The Commissioner, 

Deputy Commissioner, Executive Associate Commissioner Field Operations, 

regional director, district director, acting district director, deputy 

district director, assistant district director for investigations, 

assistant district director for detention and deportation, or officer-

in-charge may issue Form I-220B, Order of Supervision. The order shall 

specify conditions of supervision including, but not limited to, the 

following:

    (1) A requirement that the alien report to a specified officer 

periodically and provide relevant information under oath as directed;

    (2) A requirement that the alien continue efforts to obtain a travel 

document and assist the Service in obtaining a travel document;

    (3) A requirement that the alien report as directed for a mental or 

physical examination or examinations as directed by the Service;

    (4) A requirement that the alien obtain advance approval of travel 

beyond previously specified times and distances; and

    (5) A requirement that the alien provide the Service with written 

notice of any change of address on Form AR-11 within ten days of the 

change.

    (b) Posting of bond. An officer authorized to issue an order of 

supervision may require the posting of a bond in an amount determined by 

the officer to be sufficient to ensure compliance with the conditions of 

the order, including surrender for removal.

    (c) Employment authorization. An officer authorized to issue an 

order of supervision may, in his or her discretion, grant employment 

authorization to an alien released under an order of supervision if the 

officer specifically finds that:

    (1) The alien cannot be removed in a timely manner; or

    (2) The removal of the alien is impracticable or contrary to public 

interest.



[62 FR 10378, Mar. 6, 1997, as amended at 65 FR 80298, Dec. 21, 2000; 70 

FR 673, Jan. 5, 2005]