[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: 8CFR253.2]



[Page 614-615]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 253_PAROLE OF ALIEN CREWMEN--Table of Contents

 

Sec. 253.2  Termination of parole.



    (a) General. At the expiration of the period of parole authorized by 

the district director, or when the purpose of the parole has been 

served, whichever is earlier, the agent upon whom the relating Form I-

259 was served as provided in Sec. 253.1, shall present the alien 

crewman for inspection to an immigration officer at the Service office 

specified in the Form I-259. If the agent cannot present the alien 

crewman, the agent shall immediately submit a report of the reasons 

therefor to the district director. The district director shall take such 

further action as the circumstances may require. If the vessel or 

aircraft on which the alien crewman arrived in the United States is 

still in the United States when he is presented for inspection, he shall 

be treated as an applicant for a conditional landing permit and his case 

shall be dealt with in the same manner as any other applicant for a 

conditional landing permit. If the vessel or aircraft on which the alien 

crewman arrived in the United States departed before he was presented 

for inspection, the agent shall be directed by means of written notice 

on Form I-259 to arrange for the removal of the alien crewman from the 

United States, and if such alien crewman thereafter departs voluntarily 

from the United States within the time specified by the district 

director, such departure shall not be considered a deportation within 

the meaning of this section.

    (b) Revocation of parole. When an immigration officer has reason to 

believe that an alien crewman paroled into the United States pursuant to 

the provisions of Sec. 253.1 has violated the conditions of parole, the 

immigration officer



[[Page 615]]



may take such alien crewman into custody without a warrant of arrest. 

Following such action, the alien crewman shall be accorded, without 

undue delay, an examination by another immigration officer. If it is 

determined on the basis of such examination that the individual detained 

is an alien crewman who was paroled into the United States pursuant to 

the provisions of Sec. 253.1 and that he has violated the conditions of 

the parole or has remained in the United States beyond the period 

authorized by the district director, the district director shall cause 

to be served upon the alien crewman a written notice that his parole has 

been revoked, setting forth the reasons for such action. If the vessel 

or aircraft upon which the alien crewman arrived in the United States is 

still in the United States, the alien crewman shall be delivered to that 

vessel or aircraft and Form I-259 shall be served upon the master or 

commanding officer of the vessel or aircraft directing that the alien 

crewman be detained on board the vessel or aircraft and deported from 

the United States. A copy of Form I-259 shall also be served on the 

agent for the vessel or aircraft. If the vessel or aircraft upon which 

the alien crewman arrived in the United States has departed from the 

United States, the agent or owner of the vessel or aircraft shall be 

directed by means of a notice on Form I-259 to effect the deportation of 

the alien crewman from the United States. Pending deportation, the alien 

crewman shall be continued in custody, unless the district director 

authorizes his release on parole under such conditions, including the 

posting of a suitable bond, as the district director may prescribe.



[32 FR 4342, Mar. 22, 1967]