8 C.F.R. § 241.33

Expulsion

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(a) Execution of order. Except in the exercise of discretion by the district director, and for such reasons as are set forth in § 212.5(b) of this chapter, once an order of deportation becomes final, an alien shall be taken into custody and the order shall be executed. An order of deportation becomes final in accordance with 8 CFR 1241.31.

(b) Service of decision. In the case of an order entered by any of the authorities enumerated above, the order shall be executed no sooner than 72 hours after service of the decision, regardless of whether the alien is in Service custody, provided that such period may be waived on the knowing and voluntary request of the alien. Nothing in this paragraph shall be construed, however, to preclude assumption of custody by the Service at the time of issuance of the final order.

[62 FR 10378, Mar. 6, 1997, as amended at 65 FR 82256, Dec. 28, 2000; 70 FR 674, Jan. 5, 2005]

Notes of Decisions

Cited in 9 cases, 1999–2011 · leading case: Mazen Al Najjar v. John Ashcroft, 273 F.3d 1330 (11th Cir. 2001).

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Mazen Al Najjar v. John Ashcroft, 273 F.3d 1330 (11th Cir. 2001). · cites it 4× “See 8 C.F.R. § 241.33 (a) (2001) (emphasis added).”

Gary Steele v. J. Scott Blackman, Ins, Dist. Dir. for Philadelphia Dist., 236 F.3d 130 (3rd Cir. 2001). “Steele filed a timely notice of appeal to this Court and was then deported to Grenada, pursuant to 8 C.F.R. § 241.33 (2000) (authorizing the execution of a deportation order once it becomes final).”

Vassil Sapoundjiev, Encheva Sapoundjiev, & Hristo C. Sapoundjiev v. John Ashcroft, Attorney Gen. of the United States, 376 F.3d 727 (7th Cir. 2004). “The Sapoundjievs are not being removed for serious crimes, so they are entitled to seek conditional release while their petition for review is pending.”

Mihai Fedorca v. Brian Perryman, Dist. Dir. of the Immigr. & Naturalization Serv., 197 F.3d 236 (7th Cir. 1999). “31 (1999); 8 C.F.R. § 241.33 (a)(1) (1999). The INS has sought to deport Fedorca since May 1996 and has denied his request for a discretionary stay of deportation.”

United States v. Roberto Antonio Marte, 356 F.3d 1336 (11th Cir. 2004). “” 8 C.F.R. § 241.33 (a). The INS takes the alien into custody on a warrant of deportation, see 8 C.”

Franco-Gonzales v. Holder, 767 F. Supp. 2d 1034 (C.D. Cal. 2011). “] Indeed, 8 C.F.R. § 241.33 provides that “once an order of deportation becomes final, an alien shall be taken into custody and the order shall be executed,” and “the order shall be executed no sooner than 72 hours after service of the decision, regardless of whether the alien…”

Singh v. Quarantillo, 92 F. Supp. 2d 386 (D.N.J. 2000). “*396 8 C.F.R. § 241.33 (a) governs execution of a warrant of deportation.”

Al Najjar v. Ashcroft, 186 F. Supp. 2d 1235 (S.D. Fla. 2002). · cites it 3× “8 C.F.R. § 241.33 applies to deportation of aliens in the United States whose hearings commenced prior to April 1,1997.”

Sapoundjiev, Vassil v. Ashcroft, John (7th Cir. 2004). “§1231 (a)(2); 8 C.F.R. §241.33 (a); Demore v. Kim, 538 U.”

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