8 C.F.R. § 287.2

Disposition of criminal cases

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Whenever a special agent in charge, port director, chief patrol agent, or supervisory law enforcement official designated by the Director of USCIS has reason to believe that there has been a violation punishable under any criminal provision of the immigration and nationality laws administered or enforced by the Department, he or she shall immediately initiate an investigation to determine all the pertinent facts and circumstances and shall take such further action as he or she deems necessary. In no case shall this investigation prejudice the right of an arrested person to be taken without unnecessary delay before a United States magistrate judge, a United States district judge, or, if necessary, a judicial officer empowered in accordance with 18 U.S.C. 3041 to commit persons charged with offenses against the laws of the United States.

[90 FR 42803, Sept. 5, 2025]
Notes of Decisions
Cited in 3 cases, 2008–2017 · leading case: United States v. Guevara-Umana, 538 F.3d 139 (2d Cir. 2008).
United States v. Guevara-Umana, 538 F.3d 139 (2d Cir. 2008). “On May 21, 2004, INS Special Agent Raab wrote a “Memorandum for File,” which stated that “[i]n accordance with the provisions of 8 C.F.R. 287.2, investigation has been conducted in the.”
Onadia v. City of New York, 56 Misc. 3d 309 (N.Y. Sup. Ct. 2017). “Onadia’s detainer also provided, “Federal Regulations (8 CFR 287.2) require that you detain the alien for a period not to exceed 48 hours (excluding Saturdays, Sundays and Federal *312 Holidays) to provide adequate time for Immigration to assume custody of the alien.”
United States v. Guevara-Umana (2d Cir. 2008). “On May 21, 2004, INS Special Agent Raab wrote a “Memorandum for -3- 1 File,” which stated that “[i]n accordance with the provisions of 8 C.F.R. 287.2, investigation has been 2 conducted in the subject’s case in view of an apparent violation of 8 U.”
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