(a) Order of supervision. An alien released pursuant to § 241.4 shall be released pursuant to an order of supervision. The Commissioner, Deputy Commissioner, Executive Associate Commissioner Field Operations, regional director, district director, acting district director, deputy district director, assistant district director for investigations, assistant district director for detention and deportation, or officer-in-charge may issue Form I-220B, Order of Supervision. The order shall specify conditions of supervision including, but not limited to, the following:
(1) A requirement that the alien report to a specified officer periodically and provide relevant information under oath as directed;
(2) A requirement that the alien continue efforts to obtain a travel document and assist the Service in obtaining a travel document;
(3) A requirement that the alien report as directed for a mental or physical examination or examinations as directed by the Service;
(4) A requirement that the alien obtain advance approval of travel beyond previously specified times and distances; and
(5) A requirement that the alien provide DHS with written notice of any change of address in the prescribed manner.
(b) Posting of bond. An officer authorized to issue an order of supervision may require the posting of a bond in an amount determined by the officer to be sufficient to ensure compliance with the conditions of the order, including surrender for removal.
(c) Employment authorization. An officer authorized to issue an order of supervision may, in his or her discretion, grant employment authorization to an alien released under an order of supervision if the officer specifically finds that:
(1) The alien cannot be removed in a timely manner; or
(2) The removal of the alien is impracticable or contrary to public interest.
[62 FR 10378, Mar. 6, 1997, as amended at 65 FR 80298, Dec. 21, 2000; 70 FR 673, Jan. 5, 2005; 76 FR 53791, Aug. 29, 2011]
Notes of Decisions
Zadvydas v. Davis, 533 U.S. 678 (2001).
· cites it 2× “V)); 8 CFR §241.5 (2001) (establishing conditions of release after removal period).”
Clark v. Martinez, 543 U.S. 371 (2005).
· cites it 2× “See § 1231(a)(3); 8 CFR §241.5 (2004). And, if he fails to comply with the conditions of release, he will be subject to criminal *388 penaltiesincluding further detention.”
Johnson v. Guzman Chavez, 594 U.S. 523 (2021).
“§1231 (a)(3); see also 8 CFR §241.5 . B In addition to the removal procedures outlined above, Cite as: 594 U.”
Shokeh v. Thompson, 369 F.3d 865 (5th Cir. 2004).
· cites it 9× “The district court, citing 8 C.F.R. § 241.5 , 4 denied Shokeh’s petition and dismissed it with prejudice, reasoning that bond is a permissible condition of supervised release.”
United States v. Ruberman Ardon Chinchilla, 987 F.3d 1303 (11th Cir. 2021).
· cites it 2× “” See 8 C.F.R. § 241.5 (2019). An order of supervision does not change an alien’s immigration status—he maintains an unlawful immigration status and he remains subject to the final order of removal.”
Diouf v. Napolitano, 634 F.3d 1081 (9th Cir. 2011).
“”); 8 C.F.R. § 241.5 (b). We thus see no meaningful distinction between applying the doctrine of constitutional avoidance here and applying it in Casas-Castrillon .”
Rombot v. Souza, 296 F. Supp. 3d 383 (D.D.C. 2017).
“§ 1231(a)(3) (emphasis added); see also 8 C.F.R. § 241.5 (a) (setting conditions to be included in an order of supervision).”
D'alessandro v. Mukasey, 628 F. Supp. 2d 368 (W.D.N.Y. 2009).
· cites it 2× “8 C.F.R. § 241.5 delineates conditions of release after the removal period: (a) Order of supervision.”
Bonitto v. Bureau of Immigr. & Customs Enf't, 547 F. Supp. 2d 747 (S.D. Tex. 2008).
· cites it 2× “§ 1231 (a)(3) and 8 C.F.R. § 241.5 . 4. Respondent shall file a status report with this Court no later than May 26, 2008.”
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