(a) Country. For the purposes of section 241(b) of the Act (8 U.S.C. 1231(b)), the Secretary retains discretion to remove an alien to any country described in section 241(b) of the Act (8 U.S.C. 1231(b)), without regard to the nature or existence of a government.
(b) Acceptance. For the purposes of section 241(b) of the Act (8 U.S.C. 1231(b)), the Secretary retains discretion to determine the effect, if any, of acceptance or lack thereof, when an acceptance by a country is required, and what constitutes sufficient acceptance.
(c) Absence or lack of response. The absence of or lack of response from a de jure or functioning government (whether recognized by the United States, or otherwise) or a body acting as a de jure or functioning government in the receiving country does not preclude the removal of an alien to a receiving country.
(d) Prior commitment. No commitment of acceptance by the receiving country is required prior to designation of the receiving country, before travel arrangements are made, or before the alien is transported to the receiving country.
(e) Specific provisions regarding acceptance. Where the Department cannot remove an alien under section 241(b)(2)(A)-(D) of the Act, acceptance is not required to remove an alien to a receiving country pursuant to section 241(b)(2)(E)(i)-(vi) of the Act. Where the Department cannot remove an arriving alien under section 241(b)(1)(A) or (B) of the Act, acceptance is not required to remove an alien to a receiving country pursuant to section 241(b)(1)(C)(i)-(iii) of the Act.
(f) Interest of the United States controlling. The Secretary or his designee may designate a country previously identified in section 241(b)(2)(A)-(D) of the Act when selecting a removal country under section 241(b)(2)(E) of the Act (and may designate a country previously identified in section 241(b)(1)(A) or (B) of the Act when selecting an alternative removal country under subsection 241(b)(1)(C) of the Act) if the Secretary or his designee determines that such designation is in the best interests of the United States.
(g) Limitation on construction. Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
[70 FR 673, Jan. 5, 2005]
Notes of Decisions
Cited in
16
cases (
8 in the last 5 years), 2007–2026 · leading case:
Perez-Mejia v. Holder, 663 F.3d 403 (9th Cir. 2011).
Perez-Mejia v. Holder, 663 F.3d 403 (9th Cir. 2011).
“See 8 CFR 241.15. 10 . Perez-Mejia and amicus argue that removal proceedings are not always neatly divided into pleading and evidentiary stages.”
Munzer A. Zahren v. Alberto R. Gonzales, 487 F.3d 1039 (7th Cir. 2007).
“We note briefly that we do not know whether Jordan will accept Abuzahreh’s removal, but because “[n]o commitment of acceptance by the receiving country is required prior to designation of the receiving country, before travel arrangements are made, or before the alien is…”
Perez-Mejia v. Holder, 641 F.3d 1143 (9th Cir. 2011).
“See 8 CFR 241.15. . Perez-Mejia asserts that the record is limited on whether DHS engaged in affirmative misconduct because he was not allowed to pursue his estoppel argument before the IJ.”
Lapadat v. Bondi, 128 F.4th 1047 (9th Cir. 2025).
“§ 1158 (c)(1)(A) (providing that a noncitizen granted asylum shall not be removed or returned to his “country of nationality” or, absent a nationality, his country of “last habitual residence”); 8 C.F.R. § 241.15 (a) (granting “discretion” to remove a noncitizen to “any country…”
Binyam Kifle v. Eric H. Holder Jr., 507 F. App'x 703 (9th Cir. 2013).
“15 (prohibiting an IJ or the BIA from reviewing a determination by DHS under 8 C.F.R. § 241.15 ). 3. The BIA did not err when it found the IJ had jurisdiction to rule on Petitioner’s application for withholding of removal.”
Santamaria Orellana v. Baker (D. Maryland 2025).
· cites it 4× “§ 1231 (b)( 1) and 8 C.F.R. § 241.15 . 8 U.S.C. § 1231 (b) governs the countries to which a noncitizen may be removed.”
C-i-g-m- & L-v-s-g, 29 I. & N. Dec. 291 (BIA 2025).
“See 8 C.F.R. § 241.15 (d) (2025) (“No commitment of acceptance by the receiving country is required prior to designation of the receiving country, before travel arrangements are made, or before the alien is transported to the receiving country.”
A-s-m (BIA 2021).
· cites it 2× “8 C.F.R. § 241.15 (a) (2020). Neither the Immigration Judges nor this Board has jurisdiction to review the DHS’s discretionary determination in this regard.”
Cruz-Medina v. Noem (D. Maryland 2025).
· cites it 2× “” Under 8 C.F.R. § 241.15 (a), “the Secretary retains discretion to remove an alien to any country described in .”
Ibarra-Perez v. United States (9th Cir. 2026).
· cites it 2× “The choice of a removal country may turn on matters that are not amenable to judicial review: for instance, on whether the “Secretary or his designee determines that such designation is in the best interests of the United States,” 8 C.F.R. § 241.15 (f), or on the “nature or…”
Hernandez v. Sessions, 713 F. App'x 339 (5th Cir. 2018).
“See 8 C.F.R. §§ 241.15 ,1241.15. Hernandez does not otherwise address the IJ’s negative credibility determination except to mention in terse and conclusory remarks that his account of the sequence of events was consistent and had an overall cohesiveness.”
Lapadat v. Bondi (9th Cir. 2025).
“§ 1158 (c)(1)(A) (providing that a noncitizen granted asylum shall not be removed or returned to his “country of nationality” or, absent a nationality, his country of “last habitual residence”); 8 C.F.R. § 241.15 (a) (granting “discretion” to remove a noncitizen to “any country…”
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