8 C.F.R. § 241.2

Warrant of removal

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(a) Issuance of a warrant of removal—(1) In general. A Form I-205, Warrant of Removal, based on the final administrative removal order in the alien's case will be issued by any of the following immigration officials:

(i) Director, Enforcement and Removal Operations;

(ii) Deputy Assistant Director, Field Operations;

(iii) Field Office Directors;

(iv) Deputy Field Office Directors;

(v) Assistant Field Office Directors;

(vi) Officers in Charge;

(vii) Special Agents in Charge;

(viii) Deputy Special Agents in Charge;

(ix) Associate Special Agents in Charge;

(x) Assistant Special Agents in Charge;

(xi) Group Supervisors;

(xii) Resident Agents in Charge;

(xiii) District Field Officers;

(xiv) Chief Patrol Agents;

(xv) Deputy Chief Patrol Agents;

(xvi) Division Chiefs;

(xvii) Assistant Chief Patrol Agents;

(xviii) Patrol Agents in Charge;

(xix) Deputy Patrol Agents in Charge;

(xx) Watch Commanders, Border Patrol;

(xxi) Director of Air Operations;

(xxii) Director of Marine Operations;

(xxiii) Supervisory Air and Marine Interdiction Agents;

(xxiv) Unit Chief, Law Enforcement Support Center;

(xxv) Section Chief, Law Enforcement Support Center;

(xxvi) Port Directors;

(xxvii) Assistant Port Directors;

(xxviii) Directors, Field Operations;

(xxix) Assistant Directors, Field Operations;

(xxx) Watch Commanders, Field Operations;

(xxxi) Chiefs, Field Operations; and

(xxxii) Other duly authorized officers or employees of the Department of Homeland Security or the United States who are delegated the authority as provided in 8 CFR 2.1 to issue Warrants of Removal, and who have successfully completed any required immigration law enforcement training.

(2) Costs and care during removal. The immigration officials listed in paragraphs (a)(1)(i) through (xxxi) of this section, and other officers or employees of the Department or the United States who are delegated the authority as provided in 8 CFR 2.1, shall exercise the authority contained in section 241 of the Act to determine at whose expense the alien shall be removed and whether his or her mental or physical condition requires personal care and attention en route to his or her destination.

(b) Execution of the warrant of removal. Any officer authorized by 8 CFR 287.5(e)(3) to execute administrative warrants of arrest may execute a warrant of removal.

[70 FR 67089, Nov. 4, 2005, as amended at 81 FR 62355, Sept. 9, 2016]

Notes of Decisions

Cited in 26 cases (7 in the last 5 years), 1989–2026 · leading case: Arizona v. United States

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Arizona v. United States (2012) scotus · cites it 2× “See 8 CFR §241.2 (a)(1). In both instances, the warrants are executed by federal officers who have received training in the enforcement of immigration law.”

Lopez-Aguilar v. Marion Cnty. Sheriff's Dep't (2017) insd · cites it 3× “8 CFR § 241.2 (a)(1). Failing to observe a deportation order may subject its target to criminal liability for failure to depart, if the failure is willful and the deportation order has been final for 90 days.”

Kong v. United States (2023) ca1 “1 with 8 C.F.R. § 241.2 . - 26 - Read as a whole, the issue at the heart of Spector appears to be whether a deportation order ever expires, not a deportation warrant.”

United States v. Samuel Orozco-Acosta (2010) ca9 “A warrant of removal must be prepared in every case resulting in a final order of removal, see 8 C.F.R. § 241.2 ; see also 241.3, and nothing in the record or judicially noticeable suggests that more than a small fraction of *1164 these warrants ultimately are used in…”

United States v. Roberto Lopez (2014) ca9 “See 8 C.F.R. § 241.2 (2005) (noting that a Form 1-205, Warrant of Removal, is “based upon the final administrative removal order in the alien’s case”); 8 U.”

M-S (1998) bia “2 (1997); see also 8 C.F.R. § 241.2 (a) (1998) (relating to removal proceedings); cf.”

United States v. State of Texas (2024) ca5 “at 408 (citing 8 C.F.R. § 241.2 (a)(1)). 224 Id. 225 Id.”

United States v. Wilberth Garcia (2018) ca5 “" They must be issued for cases resulting in a final order of removal, see 8 C.F.R. § 241.2 , to memorialize an alien's departure-not specifically or primarily to prove facts in a hypothetical future criminal prosecution.”

City of El Cenizo v. Texas (2017) txwd “The Court nonetheless discusses the state's warrantless arrest authority because the warrants referenced in the ICE policy, the DHS forms 1-200 and 1-205, state probable cause of removability rather than of a criminal offense, are not directed to state or local officials, and…”

United States v. Gonzalo Becerra-Valadez (2011) ca5 “Similarly, a Form I — 205, which must be prepared in every case resulting in a final order of removal, see 8 C.F.R. § 241.2 , is produced in the routine course of government business, and not for use exclusively at trial, to memorialize an alien’s departure from the United…”

United States v. Sanchez-Guzman (1990) waed “§ 1251 (b)(2); 8 C.F.R. § 241.2 ; United States v. Gonzalez, 582 F.”

Seven Star, Inc. v. United States (1989) ca9 “The DOL regulation defines “temporary” as “where the employer needs a worker for a position, either temporary or permanent, for a limited period of time, which shall be for less than one year_” 20 C.”

Show all 26 citing cases →

— 8 C.F.R. § 241.2(a)(1) — 1 case

Lopez-Aguilar v. Marion Cnty. Sheriff's Dep't (2017) insd “8 CFR § 241.2 (a)(1). Failing to observe a deportation order may subject its target to criminal liability for failure to depart, if the failure is willful and the deportation order has been final for 90 days.”

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