(a) A district director may, in his or her discretion, defer the inspection of any vessel or aircraft, or of any alien, to another Service office or port-of-entry. Any alien coming to a United States port from a foreign port, from an outlying possession of the United States, from Guam, Puerto Rico, or the Virgin Islands of the United States, or from another port of the United States at which examination under this part was deferred, shall be regarded as an applicant for admission at that onward port.
(b) An examining immigration officer may defer further examination and refer the alien's case to the district director having jurisdiction over the place where the alien is seeking admission, or over the place of the alien's residence or destination in the United States, if the examining immigration officer has reason to believe that the alien can overcome a finding of inadmissibility by:
(1) Posting a bond under section 213 of the Act;
(2) Seeking and obtaining a waiver under section 211 or 212(d)(3) or (4) of the Act; or
(3) Presenting additional evidence of admissibility not available at the time and place of the initial examination.
(c) Such deferral shall be accomplished pursuant to the provisions of section 212(d)(5) of the Act for the period of time necessary to complete the deferred inspection.
(d) Refusal of a district director to authorize admission under section 213 of the Act, or to grant an application for the benefits of section 211 or section 212(d) (3) or (4) of the Act, shall be without prejudice to the renewal of such application or the authorizing of such admission by the immigration judge without additional fee.
(e) Whenever an alien on arrival is found or believed to be suffering from a disability that renders it impractical to proceed with the examination under the Act, the examination of such alien, members of his or her family concerning whose admissibility it is necessary to have such alien testify, and any accompanying aliens whose protection or guardianship will be required should such alien be found inadmissible shall be deferred for such time and under such conditions as the district director in whose district the port is located imposes.
[62 FR 10355, Mar. 6, 1997]
Notes of Decisions
United States v. Hsi Huei Tsai, 282 F.3d 690 (9th Cir. 2002).
· cites it 2× “II 1996); see also 8 C.F.R. § 235.2 (a) (2001) (“Any alien coming to a United States port .”
Khan, 26 I. & N. Dec. 797 (BIA 2016).
· cites it 2× “6 These regulations are consistent with 8 C.F.R. §§ 235.2 (d) and 1235.2(d), which provide that “[r]efusal of a district director .”
Yeison Meza Morales v. William Barr, 973 F.3d 656 (7th Cir. 2020).
“8 C.F.R. § 235.2 (d); id § 1235.2(d). A noncitizen who secures a waiver from the immigration judge surmounts the only impediment to lawful temporary admission, because the only noncitizens who can apply for a § 1182(d)(3)(A) waiver at a port of entry are those who are ex- empt…”
Baez-Sanchez v. Sessions, 872 F.3d 854 (7th Cir. 2017).
“The BIA in Khan observed, correctly, that the panel in LDG had not mentioned 8 C.F.R. §§ 235.2 (d), 1235.2(d), which omit any delegation to IJs of the power to waive an alien’s admissibility.”
Gonzalez Ex Rel. Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000).
“§ 1182 (d)(5); 8 C.F.R. § 235.2 (e). 7 . Defendants' counsel stated at the March 9, 2000 hearing that the deferral has been extended indefinitely.”
Valenzuela-felix, 26 I. & N. Dec. 53 (BIA 2012).
“See 8 C.F.R. § 235.2 (a) (2012). Under the concurring and dissenting opinion’s apparent view, parole for deferred inspection of a lawful permanent resident to allow more time to determine whether he comes within one of the six clauses of section 101(a)(13)(C) would not be…”
Ali v. Reno, 829 F. Supp. 1415 (S.D.N.Y. 1993).
“§ 235 (3)(c); see also 8 C.F.R. § 235.2 ; Petitioner’s Reply Memorandum, at 15; August 2, 1993 Transcript, at 9.”
Yeison Meza Morales v. William Barr (7th Cir. 2020).
“8 C.F.R. § 235.2 (d); id § 1235.2(d). A noncitizen who secures a waiver from the immigration judge surmounts the only impediment to lawful temporary admission, because the only noncitizens who can apply for a § 1182(d)(3)(A) waiver at a port of entry are those who are ex- empt…”
Yeison Meza Morales v. William Barr (7th Cir. 2020).
“8 C.F.R. § 235.2 (d); id § 1235.2(d). A noncitizen who secures a waiver from the immigration judge surmounts the only impediment to lawful temporary admission, because the only noncitizens who can apply for a § 1182(d)(3)(A) waiver at a port of entry are those who are ex- empt…”
Yeison Meza Morales v. William Barr (7th Cir. 2020).
“8 C.F.R. § 235.2 (d); id § 1235.2(d). A noncitizen who secures a waiver from the immigration judge surmounts the only impediment to lawful temporary admission, because the only noncitizens who can apply for a § 1182(d)(3)(A) waiver at a port of entry are those who are ex- empt…”
Yeison Meza Morales v. William Barr (7th Cir. 2020).
“8 C.F.R. § 235.2 (d); id § 1235.2(d). A noncitizen who secures a waiver from the immigration judge surmounts the only impediment to lawful temporary admission, because the only noncitizens who can apply for a § 1182(d)(3)(A) waiver at a port of entry are those who are ex- empt…”
Ghafi Ibrahim v. Dep't of Homeland Sec. (N.D. Cal. 2025).
“At the same 4 time, though, the agents paroled Ghafi into the United States pursuant to 8 C.F.R. § 235.2 , 5 thus deferring his examination (and with it any determination of whether he would be 6 removed) for one month until June 7, 2023.”
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