[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2010]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR1235.4]

[Page 1004]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
   CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF 
                                 JUSTICE
 
PART 1235_INSPECTION OF PERSONS APPLYING FOR ADMISSION--Table of Contents
 
Sec. 1235.4  Withdrawal of application for admission.

    The Attorney General may, in his or her discretion, permit any alien 
applicant for admission to withdraw his or her application for admission 
in lieu of removal proceedings under section 240 of the Act or expedited 
removal under section 235(b)(1) of the Act. The alien's decision to 
withdraw his or her application for admission must be made voluntarily, 
but nothing in this section shall be construed as to give an alien the 
right to withdraw his or her application for admission. Permission to 
withdraw an application for admission should not normally be granted 
unless the alien intends and is able to depart the United States 
immediately. An alien permitted to withdraw his or her application for 
admission shall normally remain in carrier or Service custody pending 
departure, unless the district director determines that parole of the 
alien is warranted in accordance with Sec. 1212.5(b) of this chapter.

[62 FR 10358, Mar. 6, 1997; 62 FR 15363, Apr. 1, 1997; 65 FR 82256, Dec. 
28, 2000]