[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR241.15]

[Page 486-487]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 241_APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED--Table
 
              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.

[[Page 487]]

    (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 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]