8 C.F.R. § 241.7
Self-removal
A district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs may permit an alien ordered removed (including an alien ordered excluded or deported in proceedings prior to April 1, 1997) to depart at his or her own expense to a destination of his or her own choice. Any alien who has departed from the United States while an order of deportation or removal is outstanding shall be considered to have been deported, excluded and deported, or removed, except that an alien who departed before the expiration of the voluntary departure period granted in connection with an alternate order of deportation or removal shall not be considered to be so deported or removed.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1998–2023 · leading case: Yoselin Martinez Cazun v. Attorney Gen. United State, 856 F.3d 249 (3rd Cir. 2017).
Yoselin Martinez Cazun v. Attorney Gen. United State, 856 F.3d 249 (3rd Cir. 2017). “12(a)(10); 8 C.F.R. § 241.7 . Finally, the standard for asserting a successful asylum claim is less demanding than the standard for withholding of removal or CAT protection.”
George Garcia v. Loretta E. Lynch, 786 F.3d 789 (9th Cir. 2015). “§ 1231 (a)(1) (DHS shall remove a noncitizen who has been ordered removed with the “removal period,” which begins, as relevant here, when “the order of removal becomes administratively final”); but see 8 C.F.R. § 241.7 (DHS may “permit an alien ordered removed .”
G-n-c, 22 I. & N. Dec. 281 (BIA 1998). “” See 8 C.F.R. § 241.7 (1998). In addition, it broadens the types of orders of expul- sion that trigger reinstatement of removal to include those covered by sec- tion 309(d)(2), Nevertheless, this regulation need not be read to exceed the terms of section 309(d)(2), or its…”
Estela Mabel Argueta Romero v. Sec'y, U.S. Dep't of Homeland Sec., 20 F.4th 1374 (11th Cir. 2021). “or removed” only if she departs “while” a removal order is outstand- ing, the government reasons that Romero, who left before the is- suance of the 1995 order, was not “deported or removed” within the meaning of § 1101(g).”
Alakhras v. State, 73 S.W.3d 434 (Tex. App. 2002). “8 C.F.R. § 241.7 (2001). . The rule provides, in pertinent part: The appellate court must dismiss an appeal on the State’s motion, supported by affidavit, showing that the appellant has escaped from custody pending the appeal and that to the affiant’s knowledge, the appellant…”
United States v. Roberto Antonio Marte, 356 F.3d 1336 (11th Cir. 2004). “An alien may be permitted to depart on his own, see 8 C.F.R. § 241.7 , thus relieving the INS of the need to execute the order of deportation.”
Xing Lin v. Chertoff, 522 F. Supp. 2d 1309 (D. Colo. 2007). “”); 8 C.F.R. § 241.7 (“Any alien who has departed from the United States while an order of deportation or removal is outstanding shall be considered to have been deported, excluded and deported, or removed, except that an alien who departed before the expiration of the voluntary…”
Barrera v. United States Dep't of Homeland Sec. (D.D.C. 2022). “¶ 43 (citing 8 C.F.R. § 241.7 ). On December 10, 2019, the USCIS office in Fairfax, Virginia, denied Barrera’s application to adjust status, finding that he “failed to comply with a final order of removal.”
Zguro v. Comm'r of Soc. Sec. (D.D.C. 2023). “015(E)(3); see also 8 C.F.R. § 241.7 (“Any alien who has departed from the United States while an order of deportation or removal is outstanding shall be considered to have been deported, excluded and deported, or removed,” unless the individual was granted voluntary departure…”
St. Jean v. Dep't of Homeland Sec. U.S. Citizenship & Immigr. Servs., 328 F. App'x 830 (3rd Cir. 2009). “The 1-205 Warrant admittedly contained a box next to the following line: "If self-removal (self-deportation), pursuant to 8 C.F.R. 241.7, check here." (JA190.) This box was not checked.”
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