Inspector's Field Manual - Gani

Inspector's Field Manual
Occasionally, you may receive an alien registration card surrendered by a resident alien to the transportation
line, where the alien has already departed the U.S. and expressed to the carrier an intention to relinquish
residence. If you are certain of the facts surrounding the abandonment, execute Form I-407, noting the departure
information and other relevant facts. If the alien has not yet departed and if time permits, take a sworn statement
concerning the facts surrounding the abandonment and attach it to the I-407.
(c) Restriction in the San Antonio District. The U.S. District Court for the Southern District of Texas prohibits
immigration officers from soliciting or taking waivers of removal hearings in INS district 14. See Leticia
Sanchez-Hernandez et al c. Richard Casillas et al, Civil Action No. L-78-4 2, April 10, 1981.
17.11 Asylum Claims.
Alien applicants for admission who claim asylum will generally be processed for removal proceedings. Aliens
who are inadmissible under section 212(a)(6)(C) or (7) are subject to the expedited removal provisions and will
be referred immediately to an asylum officer for a credible fear interview. See Chapter 17.15 for processing
asylum claimants under section 235(b)(1)(A)(ii) of the Act. If other grounds of inadmissibility are being lodged
against the alien, institute regular removal proceedings under section 240 of the Act. See Chapter 17.6. See also
Chapter 17.8(e) regarding detention of TWOV asylum claimants.
17.12 Bonds.
Whenever an alien for whom a bond has been posted is admitted, endorse the reverse of the arrival portion of the
I-94 with the "A" number, FCO code and the word "Bond". When a bond has been pre-posted as a condition of
visa issuance, the nonimmigrant visa will be so noted by the consular officer.
17.13 Visa Waiver Pilot Program Cases.
See discussion in Chapter 15.7 concerning VWPP refusals and limitations on removal hearings. A VWPP
applicant who claims asylum may be accorded a limited removal hearing , but such a hearing is limited solely
to the issue of asylum or withholding of removal, in accordance with 8 CFR 208.2(b). In such a situation, process
the applicant using Form I-863, Notice of Referral to Immigration Judge.
17.14 Lookout Intercepts.
See Chapter 31.6.
17.15 Expedited Removal.
(a) Inadmissibility. An alien found to be inadmissible solely under section 212(a)(6)(C) or 212(a)(7) of the Act
may be ordered removed by a Service officer at the port-of-entry without a hearing before an immigration judge.
Referred to as expedited removal, this procedure was added to section 235(b)(1) of the Act by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208. The provision itself
became effective April 1, 1997. This new process gives immigration officers a great deal of authority over
removal of aliens and will remain subject to serious scrutiny by the public, advocate groups, and Congress. All
officers should be especially careful to exercise objectivity and professionalism when refusing admission to
aliens under this provision. Because of the sensitivity of the program and the potential consequences of a
summary removal, you must take special care to ensure that the basic rights of all aliens are preserved, and that
aliens who fear removal from the United States are given every opportunity to express any concerns at any point
during the process. Since a removal order under this process is subject to very limited review, you must be
absolutely certain that all required procedures have been adhered to and that the alien has understood the
proceedings against him or her.