C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE › Subpart CC—Jurisdictional Disagreements

28 C.F.R. § 0.197

Agreements, in connection with criminal proceedings or investigations, promising non-deportation or other immigration benefits

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The Immigration and Naturalization Service (Service) shall not be bound, in the exercise of its authority under the immigration laws, through plea agreements, cooperation agreements, or other agreements with or for the benefit of alien defendants, witnesses, or informants, or other aliens cooperating with the United States Government, except by the authorization of the Commissioner of the Service or the Commissioner's delegate. Both the agreement itself and the necessary authorization must be in writing to be effective, and the authorization shall be attached to the agreement.

[Order No. 2055-96, 61 FR 48406, Sept. 13, 1996]
Notes of Decisions
Cited in 4 cases, 2009–2012 · leading case: Bao Tai Nian v. Holder, 479 F. App'x 68 (9th Cir. 2012).
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Bao Tai Nian v. Holder, 479 F. App'x 68 (9th Cir. 2012). “See 28 C.F.R. § 0.197 . 3 . Bao's claims that he faces torture at the hands of the Chinese government also fail.”
Aikins Frimpong v. Eric Holder, Jr. (7th Cir. 2009). “The Board of Immigration Appeals approved that decision, noting that under 28 C.F.R. § 0.197 (a regulation in effect since 1996, long before Frimpong allegedly was assured he would not be removed), a prosecutor’s promise of immigration relief is not binding on the Department of…”
Frimpong v. Holder, 355 F. App'x 63 (7th Cir. 2009). “The Board of Immigration Appeals approved that decision, noting that under 28 C.F.R. § 0.197 (a regulation in effect since 1996, long-before Frimpong allegedly was assured he would not be removed), a prosecutor’s promise of immigration relief is not binding on the Department of…”
Frimpong v. Holder, 355 F. App'x 63 (7th Cir. 2009). “The Board of Immigration Appeals approved that decision, noting that under 28 C.F.R. § 0.197 (a regulation in effect since 1996, long-before Frimpong allegedly was assured he would not be removed), a prosecutor’s promise of immigration relief is not binding on the Department of…”
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