(a) No alien shall depart, or attempt to depart, from the United States if his departure would be prejudicial to the interests of the United States under the provisions of § 215.3. Any departure-control officer who knows or has reason to believe that the case of an alien in the United States comes within the provisions of § 215.3 shall temporarily prevent the departure of such alien from the United States and shall serve him with a written temporary order directing him not to depart, or attempt to depart, from the United States until notified of the revocation of the order.
(b) The written order temporarily preventing an alien, other than an enemy alien, from departing from the United States shall become final 15 days after the date of service thereof upon the alien, unless prior thereto the alien requests a hearing as hereinafter provided. At such time as the alien is served with an order temporarily preventing his departure from the United States, he shall be notified in writing concerning the provisions of this paragraph, and shall be advised of his right to request a hearing if entitled thereto under § 215.4. In the case of an enemy alien, the written order preventing departure shall become final on the date of its service upon the alien.
(c) Any alien who seeks to depart from the United States may be required, in the discretion of the departure-control officer, to be examined under oath and to submit for official inspection all documents, articles, and other property in his possession which are being removed from the United States upon, or in connection with, the alien's departure. The departure-control officer may permit certain other persons, including officials of the Department of State and interpreters, to participate in such examination or inspection and may exclude from presence at such examination or inspection any person whose presence would not further the objectives of such examination or inspection. The departure-control officer shall temporarily prevent the departure of any alien who refuses to submit to such examination or inspection, and may, if necessary to the enforcement of this requirement, take possession of the alien's passport or other travel document.
Notes of Decisions
United States v. Ailon-Ailon, 875 F.3d 1334 (10th Cir. 2017).
“” 8 C.F.R. § 215.2 (a). A departure is deemed prejudicial to United States-interests if the alien “is needed in the United States as a witness in, or as a party! to,- any criminal case under investigation or pending in a court.”
United States v. Domingo Pacheco-Poo, 952 F.3d 950 (8th Cir. 2020).
· cites it 2× “” 8 C.F.R. § 215.2 (a).2 That regulation governs an “alien[’s]” acts, not an Executive Branch official’s.”
United States v. Resendiz-Guevara, 145 F. Supp. 3d 1128 (M.D. Fla. 2015).
· cites it 2× “” 8 C.F.R. § 215.2 . Section 215.3 lists eleven categories of aliens whose departure would be prejudicial to the interests of the United States, including “[a]ny alien who is needed in the United States as a witness in, or as a party to, any criminal case *1136 under…”
People v. Roldan, 205 Cal. App. 4th 969 (Cal. Ct. App. 2012).
“( 8 C.F.R. §§ 215.2 , 215.3 (2012).) These “regulations mandate that no alien material witness shall depart, or attempt to depart, from the United States unless the prosecuting authority consents to his departure.”
J. Jesus Faustino Aguilar-Ayala v. Cecilio Ruiz, Etc., 973 F.2d 411 (5th Cir. 1992).
“(citing 8 C.F.R. § 215.2 (a) (1987)). Indeed, the government has taken the position in this litigation that it is entitled to, and in fact did, detain the alien-witnesses following the deportation order as an administrative penalty.”
United States v. Trujillo-Alvarez, 900 F. Supp. 2d 1167 (D. Or. 2012).
“” 8 C.F.R. § 215.2 (a). The second states that the *1179 departure from the United States of any alien shall be “deemed prejudicial to the interests of the United States” if, among other reasons, the alien is a party to “any criminal case .”
United States v. Villatoro-Ventura, 330 F. Supp. 3d 1118 (N.D. Iowa 2018).
· cites it 2× “" The regulation provides: No alien shall depart, or attempt to depart, from the United States if his departure would be prejudicial to the interests of the United States under the provisions of § 215.”
United States v. Anaya-Acosta, 629 F.3d 1091 (9th Cir. 2011).
“Anaya-Acosta argues that, because he was subject to a departure control order issued pursuant to 8 C.F.R. § 215.2 , he was not illegally in the United States, as required for a conviction under § 922(g)(5)(A), when he possessed the firearm and ammunition.”
United States v. Baltazar-Sebastian, 990 F. 3d 939 (5th Cir. 2021).
· cites it 2× “Under 8 C.F.R. § 215.2 (a), an alien shall not depart the United States “if [her] departure 9 No.”
United States v. Amar, 300 F. Supp. 3d 287 (D.C. Cir. 2018).
· cites it 3× “At the hearing the Court held on Defendant's motion for pre-trial release, Defendant raised the possibility that the Government could prevent him from fleeing to Morocco, Israel or other international destinations by proactively issuing an order under 8 C.F.R. § 215.2 which…”
United States v. Lizardi-Maldonado, 275 F. Supp. 3d 1284 (D. Utah 2017).
“3 sets forth the types of people whose departure from the United States would be prejudicial to the interests of the United States.”
— 8 C.F.R. § 215.2(a) — 1 case
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