9. The authority citation for part 239 continues to read as follows:

Authority: 8 U.S.C. 1103, 1221, 1229; 8 CFR part 2.

10. Section 239.1 is amended by:

a. Removing the word “or” from the end of paragraph (a)(21);

b. Removing the period from the end of paragraph (a)(22) and adding a “;” in its place; and by

c. Adding paragraphs (a)(23) and (a)(24).

The additions read as follows:

§ 239.1 Notice to appear.

(a) * * *

(23) The Director of the Office of Juvenile Affairs; or

(24) The Deputy Executive Associate Commissioner for Detention and Removal.

* * * * *

PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES

11. The authority citation for part 240 continues to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a, 1224, 1225, 1226, 1227, 1251, 1252 note, 1252a, 1252b, 1362; sec. 202, Pub. L. 105-100 (111 Stat. 2160, 2193); 8 CFR part 2.

12. Section 240.25(a) is revised to read as follows:

§ 240.25 Voluntary departure--authority of the Service.

(a) Authorized officers . The authority contained in section 240B(a) of the Act to permit aliens to depart voluntarily from the United States may be exercised in lieu of being subject to proceedings under section 240 of the Act by district directors, assistant district directors for investigations, assistant district directors for examinations, officers in charge, chief patrol agents, the Deputy Executive Associate Commissioner for Detention and Removal, the Director of the Office of Juvenile Affairs, service center directors, and assistant service center directors for examinations.

* * * * *

13. Section 240.26(f) is revised to read as follows:

§ 240.26 Voluntary departure-- authority of the Executive Office for Immigration Review.

* * * * *

(f) Extension of time to depart. Authority to extend the time within which to depart voluntarily specified initially by an immigration judge or the Board is only within the jurisdiction of the district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs. An immigration judge or the Board may reinstate voluntary departure in a removal proceeding that has been reopened for a purpose other than solely making an application for volun tarily departure if reopening was granted prior to the expiration of the original period of voluntary departure. In no event can the total period of time, including any extension, exceed 120 days or 60 days as set forth in section 240B of the Act.

* * * * *

PART 241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED

14. The authority citation for part 241 continues to read as follows:

Authority: 8 U.S.C. 1103, 1223, 1227, 1231, 1253, 1255, and 1330; 8 CFR part 2.

15. Section 241.2(a) is revised to read as follows:

§ 241.2 Warrant of removal.

(a) Issuance of a warrant of removal . A Form I-205, Warrant of Removal, based upon the final administrative removal order in the alien’s case shall be issued by a district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs. The district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs, shall exercise the authority contained in section 241 of the Act to determine at whose expense the alien shall be removed and whether his or her mental or physical condition requires personal care and attention en route to his or her destination.

* * * * *

16. Section 241.4 is amended by:

a. Revising paragraph (a) introductory text;

b. Revising paragraph (c)(1);

c. Revising paragraph (c)(4);

d. Revising paragraph (h)(5); and by

e. Revising paragraph (j)(3).

The revision reads as follows:

§ 241.4 Continued detention of inadmissible, criminal, and other aliens beyond the removal period.

(a) Scope . The authority to continue an alien in custody or grant release or parole under sections 241(a)(6) and 212(d)(5)(A) of the Act shall be exercised by the Commissioner or Deputy Commissioner, as follows: Except as otherwise directed by the Commissioner or his or her designee, the Executive Associate Commissioner for Field Operations (Executive Associate Commissioner), the Deputy Executive Associate Commissioner for Detention and Removal, the Director of the Detention and Removal Field Office or the district director may continue an alien in custody beyond the removal period described in section 241(a)(1) of the Act pursuant to the procedures described in this section. Except as provided for in paragraph (b)(2) of this section, the provisions of this section apply to the custody determinations for the following group of aliens:

* * * * *

(c) * * *

(1) District Directors and Directors of Detention and Removal Field Offices . The initial custody determination described in paragraph (h) of this section and any further custody determination concluded in the 3 month period immediately following the expiration of the 90-day removal period, subject to the provisions of paragraph (c)(2) of this section, will be made by the district director or the Director of the Detention and Removal Field Office having jurisdiction over the alien. The district director or the Director of the Detention and Removal Field Office shall maintain approp riate files respecting each detained alien reviewed for possible release, and shall have authority to determine the order in which the cases shall be reviewed, and to coordinate activities associated with these reviews in his or her respective jurisdictional area.

* * * * *

(4) Additional delegation of authority . All references to the Executive Associate Commissioner, the Director of the Detention and Removal Field Office, and the district director in this section shall be deemed to include any person or persons (including a committee) designated in writing by the Executive Associate Commissioner, the Director of the Detention and Removal Field Office, or the district director to exercise powers under this section.

* * * * *

(h) * * *

(5) District office or Detention and Removal Field office staff . The district director or the Director of the Detention and Removal Field Office may delegate the authority to conduct the custody review, develop recommendations, or render the custody or release decisions to those persons directly responsible for detention within his or her geographical areas of responsibility. This includes the deputy district director, the assistant director for detention and deportation, the officer-in-charge of a detention center, the assistant director of the detention and removal f ield office, the director of the detention and removal resident office, the assistant director of the detention and removal resident office, officers in charge of service processing centers, or such other persons as the district director or the Director of the Detention and Removal Field Office may designate from the professional staff of the Service.

* * * * *

(j) * * *

(3) Employment authorization . The district director, Director of the Detention and Removal Field Office, and the Executive Associate Commissioner, may, in the exercise of discretion, grant employment authorization under the same conditions set forth in § 241.5(c) for aliens released under an order of supervision.

* * * * *

§ 241.4 [Amended]

17. Section 241.4 is further amended by revising the term “district director or Executive Associate Commissioner” to read “district director, Director of the Detention and Removal Field Office, or Executive Associate Commissioner” whenever that term appears in the following places:

a. Paragraph (d) introductory text;

b. Paragraph (d)(2);

c. Paragraph (j)(1);

d. Paragraph (j)(2);

e. Paragraph (j)(4); and

18. Section 241.4 is further amended by revising the term “district director or the Executive Associate Commissioner” to read “district director, Director of the Detention and Removal Field Office, or Executive Associate Commissioner” whenever that term appears in the following places:

a. Paragraph (d)(1); and

b. Paragraph (l)(3).

19. Section 241.4 is further amended by revising the term “district director’s” to read “district director’s or Director of the Detention and Removal Field Office’s” whenever that term appears in the following places:

a. Paragraph (h) paragraph heading;

b. Paragraph (h) introductory text;

c. Paragraph (h)(3);

d. Paragraph (h)(4) paragraph heading.

20. Section 241.4 is further amended by revising the term “district director” to read “district director or Director of the Detention and Removal Field Office” whenever that term appears in the following places:

a. Paragraph (h)(1);

b. Paragraph (h)(2);

c. Paragraph (h)(4);

d. Paragraph (j)(2).

e. Paragraph (k)(1) heading;

f. Paragraph (k)(1)(i);

g. Paragraph (k)(1)(ii);

h. Paragraph (k)(2)(i) heading;

i. Paragraph (k)(2)(i);

j. Paragraph (k)(2)(ii) heading; and

k. Paragraph (k)(2)(ii).

21. Section 241.6 is amended by revising paragraphs (a) and (b) to read as follows:

§ 241.6 Administrative stay of removal.

(a) Any request of an alien under a final order of deportation or removal for a stay of deportation or removal shall be filed on Form I-246, Stay of Removal, with the district director having jurisdiction over the place where the alien is at the time of filing. The Commissioner, Deputy Commissioner, Executive Associate Commissioner for Field Operations, Deputy Executive Associate Commissioner for Detention and Removal, the Director of the Office of Juvenile Affairs, regional directors, or district director, in his or her discretion and in consideration of factors listed in 8 CFR 212.5 and section 241(c) of the Act, may grant a stay of removal or deportation for such time and Under such conditions as he or she may deem appropriate. Neither the request nor failure to receive notice of disposition of the request shall delay removal or relieve the alien from strict compliance with any outstanding notice to surrender for deportation or removal.

(b) Denial by the Commissioner, Deputy Commissioner, Executive Associate Commissioner for Field Operations, Deputy Executive Associate Commissioner for Detention and Removal, Director of the Office of Juvenile Affairs, regional director, or district director of a request for a stay is not appealable, but such denial shall not preclude an immigration judge or the Board from granting a stay in connection with a previously filed motion to reopen or a motion to reconsider as provided in 8 CFR part 3.

* * * * *

22. Section 241.7 is revised to read as follows: