[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: 8CFR241.25]

[Page 488-489]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 241_APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED--Table
 
 Subpart B_Deportation of Excluded Aliens (for Hearings Commenced Prior 
                            to April 1, 1997)
 
Sec.  241.25  Deportation.

    (a) Definitions of terms. For the purposes of this section, the 
following terms mean:
    (1) Adjacent island--as defined in section 101(b)(5) of the Act.
    (2) Foreign contiguous territory--any country sharing a common 
boundary with the United States.
    (3) Residence in foreign contiguous territory or adjacent island--
any physical presence, regardless of intent, in a foreign contiguous 
territory or an adjacent island if the government of such territory or 
island agrees to accept the alien.
    (4) Aircraft or vessel--any conveyance and other mode of travel by 
which arrival is effected.
    (5) Next available flight--the carrier's next regularly scheduled 
departure to the excluded alien's point of embarkation regardless of 
seat availability. If the carrier's next regularly scheduled departure 
to the excluded aliens point of embarkation is full, the carrier has the 
option of arranging for return transportation on other carriers which 
service the excluded aliens point of embarkation.
    (b) Place to which deported. Any alien (other than an alien 
crewmember or an alien who boarded an aircraft or vessel in foreign 
contiguous territory or an adjacent island) who is ordered excluded 
shall be deported to the country where the alien boarded the vessel or 
aircraft on which the alien arrived in the United States. Otherwise, the 
Secretary may, as a matter of discretion, deport the alien to the 
country of which the alien is a subject, citizen, or national; the 
country where the alien was born; the country where the alien has a 
residence; or any other country.
    (c) Contiguous territory and adjacent islands. Any alien ordered 
excluded who boarded an aircraft or vessel in foreign contiguous 
territory or in any adjacent island shall be deported to such foreign 
contiguous territory or adjacent island if the alien is a native, 
citizen, subject, or national of such foreign contiguous territory or 
adjacent island, or if the alien has a residence in such foreign 
contiguous territory or adjacent island. Otherwise, the alien shall be 
deported, in the first instance, to the country in which is located the 
port at which the alien embarked for such foreign contiguous territory 
or adjacent island.
    (d) Land border pedestrian arrivals. Any alien ordered excluded who 
arrived

[[Page 489]]

at a land border on foot shall be deported in the same manner as if the 
alien had boarded a vessel or aircraft in foreign contiguous territory.

[62 FR 10378, Mar. 6, 1997, as amended at 70 FR 673, Jan. 5, 2005]