How does section 215 of the Immigration Code affect the deportation of an illegal alien?

MultiRegion, United States of America

The following excerpt is from United States v. Lett, 944 F.3d 467 (2nd Cir. 2019):

they do not affect the governments authority to deport such aliens pursuant to final orders of removal. See , e.g. , United States v. Ailon-Ailon , 875 F.3d 1334, 1339 (10th Cir. 2017) (referring to 8 C.F.R. 215.2(a) as governing "voluntary departure"). This interpretation is confirmed by the remainder of section 215, entitled "Controls of Aliens Departing from the United States," 8 C.F.R. 215, which is separate from the regulations governing "Removal of Aliens Ordered Removed," id . 236. See , e.g. , id . 215.2(a) (requiring immigration officers to issue a "written temporary order directing [the alien] not to depart, or attempt to depart, from the United States"); id . 215.4(a) (providing for a hearing at which the alien can contest the denial of his departure); id . 215.6 (providing for a parallel framework for aliens who "seek[ ] to depart" from the territories of the United States); id . 215.8 (contemplating eligibility for reentry into the United States for departing aliens, subject to certain "departure requirements").

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