Regulations last checked for updates: Oct 17, 2024

Title 8 - Aliens and Nationality last revised: Oct 07, 2024
§ 215.7 - 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 § 215.2 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 § 215.2 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: 6 U.S.C. 202(4), 236; 8 U.S.C. 1101,1103,1104,1184,1185. 30, 2003)), 1365a note, 1379, 1731-32; and 8 CFR part 2
source: 45 FR 65516, Oct. 3, 1980, unless otherwise noted.
cite as: 8 CFR 215.7