Regulations last checked for updates: May 15, 2024

Title 8 - Aliens and Nationality last revised: May 06, 2024
§ 1215.7 - Instructions from the Administrator required in certain cases.

In the absence of appropriate instructions from the Administrator of the Bureau of Security and Consular Affairs, departure-control officers shall not exercise the authority conferred by § 1215.2 in the case of any alien who seeks to depart from the United States in the status of a nonimmigrant under section 101(a)(15) (A) or (G) of the Immigration and Nationality Act, or in the status of a nonimmigrant under section 11(3), 11(4), or 11(5) of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations (61 Stat. 756): Provided, That in cases of extreme urgency, where the national security so requires, a departure-control officer may preliminarily exercise the authority conferred by § 1215.2 pending the outcome of consultation with the Administrator, which shall be undertaken immediately. In all cases arising under this section, the decision of the Administrator shall be controlling: Provided, That any decision to prevent the departure of an alien shall be based upon a hearing and record as prescribed in this part.

authority: Sec. 104, 66 Stat. 174, Proc. 3004, 18 FR 489; 8 U.S.C. 1104,3,1953. Interpret or apply sec. 215, 66 Stat. 190; (8 U.S.C. 1185)
source: 45 FR 65516, Oct. 3, 1980, unless otherwise noted. Duplicated from part 215 at 68 FR 9836, Feb. 28, 2003.
cite as: 8 CFR 1215.7