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OI 242 Proceedings to determine deportability of aliens in the United States: Apprehension, custody, hearing, and appeal.
OI 242.1 Commencement. [Removed 6/24/97; TM 1]
OI 242.2 Preparation of order to show cause. [Removed 6/24/97; TM 1]
OI 242.3 Notice of hearing. [Removed 6/24/97; TM 1]
OI 242.4 Service. [Removed 6/24/97; TM 1]
OI 242.5 Fingerprints. [Removed 6/24/97; TM 1]
Warrant of arrest.
[Removed 6/24/97; TM 1]
Release or supervision.
[Removed 6/24/97; TM 1]
[Removed 6/24/97; TM 1]
Escape. The escape or attempted escape of an alien from Service custody or from a non-Service facility shall be telephonically reported immediately to the Associate Regional Commissioner, Enforcement, with a telegraphic follow-up to that official. A copy of the telegram shall be furnished to the Assistant Commissioner, Detention and Deportation. In all cases, and as soon as possible, detailed reports of incidents shall be expeditiously forwarded to the Associate Regional Commissioner, Enforcement, and th
e Assistant Commissioner, Detention and Deportation. In addition, the escape, or attempted escape, of a person from Service custody after arrest or conviction for a criminal violation, whether felony or misdemeanor and/or prior to completion of his sentence (e.g., where he is paroled for deportation), shall be promptly reported to the nearest office of the U.S. Marshals Service within one hour after the discovery of the escape, or attempted escape, and a detailed report submitted to the Regional Commission
er within 48 hours.
Privilege of communication. When immediate notification to consular or diplomatic officers of detained aliens is required pursuant to 8 CFR
.2(e), such notification by telephone, shall be the responsibility of the apprehending officer. The current names, titles, business hours, phone number and after hours phone numbers of consular or diplomatic officers of those nations to whom immediate notification is required, shall be maintained and made available to all officers involved in the apprehension of aliens. Form I-264 shall be used by the consular or diplomatic officers of the detention of their nationals after the telephonic notification. I
n addition to the countries listed in 8 CFR
.2(e), the nearest Australian consular office in the United States shall be informed when an Australian citizen is to be detained.
Any alien in Service custody, under certain conditions, may be interviewed and photographed by the news media. Refer to AM 2798.31 for Service policy and procedures.
Institutions. Form I-247, Notice of Action by Immigration and Naturalization Service, indicating the action taken and/or requested, shall be sent to persons in charge of penal, mental, or other institutions whenever Service action in connection with deportation proceedings is taken against aliens in such institutions.
When the United States Board of Parole paroles an alien subject to a notification on Form I-247 filed by this Service, the Board, in its order, may: (1) Parole for deportation only (in such case, release is not to be effected unless the Service has completed all arrangements for deportation immediately upon release); (2) Parole to the actual physical custody of the immigration authorities only (in such case, release is not to be effected unless the Service takes the alien into physical custody, regardle
ss of whether or not deportation follows); or (3) Parole to the actual physical custody of the immigration authorities or an approved plan (in such cases, the United States Parole Board has stipulated that release is to be effected, regardless of whether or not the Service takes the alien into custody, providing there is an acceptable plan for community supervision).
In the above cases, when notified of the release of the alien to the INS detainer, the deportation officer will contact the alien caseworker at the respective Bureau of Prisons institution and determine under what condition the alien will be released. If the alien is to be released under parole conditions, the deportation officer will ensure that the alien has a copy of his Certificate of Parole, Parole Form I-11. If an alien is released to INS, who still is under the conditions of the parole or manda
tory release, the deportation officer will notify the local federal probation officer as to the disposition and whereabouts of the alien (e.g., deported or voluntary departure, released on bond, released on recognizance etc.). If the alien is released and placed on bond or recognizance, the current address of the alien must be given to the local federal probation officer to ensure adequate control and follow-up on the alien by the probation officer.
Transfer of institution cases. Whenever an alien who is in the custody of the Bureau or Prisons (BOP) and also the subject of a Service detainer, is to be moved to another BOP location, must be notified of the prisoner transfer. The Service case file and Form I-154 (Deportation Docket Control Card) must be transferred to the new control office.
Protective custody. The INS may provide, pending determination of his deportability, protective custody to a consenting alien who is or may be subject to involuntary repatriation or to any form of coercion which could inhibit the free exercise of will in deciding whether to depart from the United States. This authority is exercised as an incident of the Service's authority to detain deportable aliens if failure to detain would result in harm to the national interest. Protective custody shall be provided
hereunder to consenting aliens only upon the authorization of the Associate Commissioner for Examinations, upon the request of the Department of state or, if the circumstances require immediate Service action, without such a request. The Associate Commissioner for Examinations shall immediately notify the Associate Commissioner for Enforcement of approval of any request for protective custody. The Associate Commissioner for Enforcement shall arrange with appropriate personnel in the field for such protect
ive custody to be provided.