[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: 8CFR252.2]



[Page 611]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 252_LANDING OF ALIEN CREWMEN--Table of Contents

 

Sec. 252.2  Revocation of conditional landing permits; removal.



    (a) Revocation and removal while vessel is in the United States. A 

crewman whose landing permit is subject to revocation pursuant to 

section 252(b) of the Act may be taken into custody by any immigration 

officer without a warrant of arrest and be transferred to the vessel of 

arrival, if the vessel is in any port in the United States and has not 

departed foreign since the crewman was issued his or her conditional 

landing permit. Detention and removal of the crewman shall be at the 

expense of the transportation line on which the crewman arrived. Removal 

may be effected on the vessel of arrival or, if the master of the vessel 

has requested in writing, by alternate means if removal on the vessel of 

arrival is impractical.

    (b) Revocation and removal after vessel has departed the United 

States. A crewman who was granted landing privileges prior to April 1, 

1997, and who has not departed foreign on the vessel of arrival, or on 

another vessel or aircraft if such permission was granted pursuant to 

Sec. 252.1(f), is subject to removal proceedings under section 240 of 

the Act as an alien deportable pursuant to section 237(a)(1)(C)(i) of 

the Act. A crewman who was granted landing privileges on or after April 

1, 1997, and who has not departed foreign on the vessel of arrival, or 

on another vessel or aircraft if such permission was granted pursuant to 

Sec. 252.1(f), shall be removed from the United States without a 

hearing, except as provided in Sec. 208.2(b)(1) of this chapter. In 

either case, if the alien is removed within 5 years of the date of 

landing, removal of the crewman shall be at the expense of the owner of 

the vessel. In the case of a crewman ordered removed more than 5 years 

after the date of landing, removal shall be at the expense of the 

appropriation for the enforcement of the Act.



[62 FR 10388, Mar. 6, 1997]