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<strong>Inspector's</strong> <strong>Field</strong> <strong>Manual</strong><br />
- 18 U.S.C. 911 False claims to U.S. citizenship (imposters, photo substitution of U.S. passport)<br />
- 18 U.S.C. 1001 Other (fraudulent documents, imposter, no documents, etc.)<br />
(4) If the alien is to be detained, consult 8 CFR 236.1(e) to ensure that, if required, the appropriate<br />
consular official is immediately notified of the alien's detention, even if the alien requests that this not be done.<br />
Notify the alien that he or she may communicate with a consular official.<br />
(5) Complete local procedures for authorization and arrangement of detention, if appropriate. If the<br />
alien is being detained pending the removal hearing, complete a Form I-94 for NIIS entry notated: "I-862 served -<br />
Detained at ______for removal proceedings on (date). (Date), (Place), (Officer)." Section 235(b)(2) of the Act, as<br />
amended by IIRIRA, provides the detention authority for arriving aliens placed into removal proceedings under<br />
section 240. This provision is functionally equivalent to the old 235(b), and does not require issuance of a<br />
Warrant of Arrest.<br />
(6) In cases involving fraudulent documents, if the sworn statement includes an admission of the fraud,<br />
no forensic analysis may be required prior to the hearing. If there is no admission, consider forwarding the<br />
fraudulent document to the Forensic Document Laboratory (FDL) for analysis. [See Chapter 32 for details on<br />
using FDL services.]<br />
(7) Search for existing Service records in CIS and other appropriate automated systems. If an "A" file<br />
exists, create a temporary file and request the permanent file for the hearing, otherwise, open a new file.<br />
[Chapter 31 contains detailed information on use of Service data bases.]<br />
(8) At air and seaports, serve the carrier with Form I-259, Notice to Detain, Remove, or Present Aliens,<br />
and check the appropriate boxes to advise the carrier of potential liability for removal and to order the carrier to<br />
remove the alien when the removal process is finished.<br />
(9) If the alien is to be released for an removal hearing at an onward office, complete a Form I-546,<br />
Notice to Appear for Deferred Inspection, following procedures set forth in Chapter 17.1. In such cases, the I-862<br />
will be served by the onward office. Although ordinarily not an option, this procedure is may be appropriate for<br />
determining whether to institute removal proceedings in cases involving returning permanent residents.<br />
(10) Prepare two identical sets of all documents to be submitted as evidence: one for the Service file,<br />
and one for the Immigration Court.<br />
(c) Post-hearing actions.<br />
(1) Alien ordered admitted. Complete the inspection process as you would any other admission,<br />
including processing a new Form I-94, noting the remarks block "ordered admitted by immigration judge".<br />
Collect any prior departure I-94, stamp the reverse with your admission stamp and forward for data entry.<br />
When the immigration judge orders the admission of a detained alien or an alien at a land border, and the<br />
decision is not final because the Service's appeal time has not tolled, an appeal has not been decided, or the<br />
decision has been certified to the Board of Immigration Appeals, release and parole the alien unless particular<br />
facts, such as an alien's serious criminal background, warrant other action.<br />
(2) Alien ordered removed. Complete and serve Form I-296, Notice to Alien Ordered<br />
Removed/Departure Verification, on the alien, checking the appropriate box to indicate the duration of the<br />
penalty imposed and the reason for such penalty. The penalty for an aggravated felony may be imposed on such<br />
felon, even if the alien was not charged as being inadmissible as an aggravated felon in this proceeding.<br />
Forward one set of fingerprints on Form FD-249 to the FBI. At the time of actual removal, a photograph and a<br />
pressed print of the alien's right index finger should be placed on the Service copy of the I-296, the alien should<br />
sign the form, and the particulars of the departure entered on the form for retention in the file. Cancel the alien's<br />
visa or border crossing card, if appropriate, and complete and distribute Form I-275 as described in Chapter<br />
17.2. Note the passport with the file number and action taken, for example: "Ordered Removed 12/1/97<br />
NYC/Section 212(a)(2)(A)(i)(I)". Forward a copy of the removal order with the I-275 to the Department of State.<br />
Prepare a new I-94, endorse it with a parole stamp and note the stamp "For removal from the U.S. by (carrier
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