8 CFR 241.5 - Conditions of release after removal period.

Code of Federal Regulations - Title 8: Aliens and Nationality (December 2005)


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TITLE 8 - ALIENS AND NATIONALITY

CHAPTER I - DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER B - IMMIGRATION REGULATIONS

PART 241 - APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED

subpart a - POST - HEARING DETENTION AND REMOVAL

241.5 - Conditions of release after removal period.

  (a) Order of supervision. An alien released pursuant to 241.4 shall be released pursuant to an order of supervision. The Commissioner, Deputy Commissioner, Executive Associate Commissioner Field Operations, regional director, district director, acting district director, deputy district director, assistant district director for investigations, assistant district director for detention and deportation, or officer-in-charge may issue Form I220B, Order of Supervision. The order shall specify conditions of supervision including, but not limited to, the following: (1) A requirement that the alien report to a specified officer periodically and provide relevant information under oath as directed; (2) A requirement that the alien continue efforts to obtain a travel document and assist the Service in obtaining a travel document; (3) A requirement that the alien report as directed for a mental or physical examination or examinations as directed by the Service; (4) A requirement that the alien obtain advance approval of travel beyond previously specified times and distances; and (5) A requirement that the alien provide the Service with written notice of any change of address on Form AR11 within ten days of the change.

  (b) Posting of bond. An officer authorized to issue an order of supervision may require the posting of a bond in an amount determined by the officer to be sufficient to ensure compliance with the conditions of the order, including surrender for removal.

  (c) Employment authorization. An officer authorized to issue an order of supervision may, in his or her discretion, grant employment authorization to an alien released under an order of supervision if the officer specifically finds that: (1) The alien cannot be removed in a timely manner; or (2) The removal of the alien is impracticable or contrary to public interest.

[62 FR 10378, Mar. 6, 1997, as amended at 65 FR 80298, Dec. 21, 2000; 70 FR 673, Jan. 5, 2005]