An order of removal made by the immigration judge at the conclusion of proceedings under section 240 of the Act shall become final:
(a) Upon dismissal of an appeal by the Board of Immigration Appeals;
(b) Upon waiver of appeal by the respondent;
(c) Upon expiration of the time allotted for an appeal if the respondent does not file an appeal within that time;
(d) If certified to the Board or Attorney General, upon the date of the subsequent decision ordering removal;
(e) If an immigration judge orders an alien removed in the alien's absence, immediately upon entry of such order; or
(f) If an immigration judge issues an alternate order of removal in connection with a grant of voluntary departure, upon overstay of the voluntary departure period, or upon the failure to post a required voluntary departure bond within 5 business days. If the respondent has filed a timely appeal with the Board, the order shall become final upon an order of removal by the Board or the Attorney General, or upon overstay of the voluntary departure period granted or reinstated by the Board or the Attorney General.
[62 FR 10378, Mar. 6, 1997, as amended at 73 FR 76938, Dec. 18, 2008]
Notes of Decisions
Cited in
190
cases (
78 in the last 5 years), 2005–2026 · leading case:
Ocampo v. Holder
Ocampo v. Holder (2010)
ca9 · cites it 12×
“Ccayhuari argues, however, that the BIA’s November 12, 2002, order was not “final” because, pursuant to a regulation codified at 8 C.F.R. § 1241.1 (f), 3 a removal order does not become “final” until an alien overstays his voluntary departure period.”
George Garcia v. Loretta E. Lynch (2015)
ca9 · cites it 8×
“39 (2014); see also 8 C.F.R. § 1241.1 (b) (2014) (one of several (emphasis omitted) – is particularly inapt where, as here, the agency disclaims authority based only on its own regulation.”
Nken v. Holder (2009)
scotus
“§ 1101 (a)(47)(B); 8 CFR §§ 1241.1 ,1241.31. Once an order of removal has become final, it may be executed at any time.”
Ayuk Ako Obale v. Attorney General of the United States. (2006)
ca3 · cites it 2×
“8 C.F.R. § 1241.1 (2005). Section 1241.1(f) provides that when an IJ has issued an alternate order of remov *160 al in connection with a grant of voluntary departure, the order does not become “final” until the alien overstays the period for voluntary departure.”
State of Texas v. USA (2015)
ca5
“For present purposes final order is defined as it is in 8C.F.R. § 1241.1.”
Marlene Jaggernauth v. U.S. Attorney General (2005)
ca11
“See also 8 C.F.R. § 1241.1 ( “An order of removal made by the immigration judge at the conclusion of proceedings under section 240 of the [INA] shall become final: (a) Upon dismissal of an appeal by the Board of Immigration Appeals”).”
W.G.A. v. Sessions (2018)
ca7
“The immigration judge's order of removal became final, see 8 C.F.R. § 1241.1 (a), and W.G.A. petitioned for review in this court, see 8 U.”
Rhodes-Bradford v. Keisler (2007)
ca2 · cites it 2×
“The government points to 8 C.F.R. § 1241.1 (d) and (f), which it claims expressly contemplate the BIA’s issuance of removal orders in the first instance.”
Farez-Espinoza v. Chertoff (2009)
nysd · cites it 2×
“8 C.F.R. § 1241.1 (e). Under certain circumstances, the removal period may be extended, or “tolled.”
— 8 C.F.R. § 1241.1(a) — 2 cases
— 8 C.F.R. § 1241.1(b) — 1 case
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