C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1241—APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED › Subpart C—Deportation of Aliens in the United States (for Hearings Commenced Prior to April 1, 1997)

8 C.F.R. § 1241.31

Final order of deportation

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Except as otherwise required by section 242(c) of the Act for the specific purposes of that section, an order of deportation, including an alternate order of deportation coupled with an order of voluntary departure, made by the immigration judge in proceedings under 8 CFR part 1240 shall become final upon dismissal of an appeal by the Board of Immigration Appeals, upon waiver of appeal, or upon expiration of the time allotted for an appeal when no appeal is taken; or, if such an order is issued by the Board or approved by the Board upon certification, it shall be final as of the date of the Board's decision.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2003–2025 · leading case: Belay-Gebru v. Immigr. & Naturalization Serv., 327 F.3d 998 (10th Cir. 2003).
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Belay-Gebru v. Immigr. & Naturalization Serv., 327 F.3d 998 (10th Cir. 2003). “See 8 C.F.R. § 1241.31 (order of deportation “become[s] final upon dismissal of an appeal by the [BIA]”).”
Bhattarai v. Holder, Jr., 408 F. App'x 212 (10th Cir. 2011). · cites it 2× “, after the BIA denies an appeal) (citing 8 C.F.R. § 1241.31 ); Mana v. Gonzales, 128 Fed.”
Cervantes De Hernandez v. Chertoff, 368 F. Supp. 2d 896 (E.D. Wis. 2005). “8 C.F.R. § 1241.31 . 5 . There are exceptions to the general rule that the IIRIRA is not retroactively applicable.”
Portocarrero-Valencia v. Warden, No. 7:24-cv-06413 (S.D.N.Y. Feb. 28, 2025). · cites it 2× “” 8 C.F.R. § 1241.31 . But it does not apply to NOERs.”
Mohtashemi v. Ashcroft, 95 F. App'x 298 (10th Cir. 2004). “See 8 C.F.R. § 1241.31 (order of deportation becomes final upon dismissal of appeal by BIA); Belay-Gebru v.”
United States v. Carrasco-Abreu, 333 F. App'x 659 (2d Cir. 2009). “See 8 C.F.R. § 1241.31 . Therefore, the defendant was removed from the country in 1997, and his indictment under 8 U.”
United States v. Carrasco-Abreu, 333 F. App'x 659 (2d Cir. 2009). “See 8 C.F.R. § 1241.31 . Therefore, the defendant was removed from the country in 1997, and his indictment under 8 U.”
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