legal · go-v.org

Proceedings under section 238(b) of the Act.

CFR · 2024-01-01 · US · Title 8

(a) (b) (i) Is an alien; (ii) Has not been lawfully admitted for permanent residence, or has conditional permanent resident status under section 216 of the Act; (iii) Has been convicted (as defined in section 101(a)(48) of the Act and as demonstrated by any of the documents or records listed in § 1003.41 of this chapter) of an aggravated felony and such conviction has become final; and (iv) Is deportable under section 237(a)(2)(A)(iii) of the Act, including an alien who has neither been admitted nor paroled, but who is conclusively (2) (ii) The Notice of Intent also shall advise the alien that he or she may designate in writing, within the rebuttal period, the country to which he or she chooses to be deported in accordance with section 241 of the Act, in the event that a Final Administrative Removal Order is issued, and that the Service will honor such designation only to the extent permitted under the terms, limitations, and conditions of section 241 of the Act. (iii) The Service must determine that the person served with the Notice of Intent is the person named on the notice. (iv) The Service shall provide the alien with a list of available free legal services programs qualified under 8 CFR part 1003 and organizations recognized pursuant to 8 CFR part 1292, located within the district or sector where the Notice of Intent is issued. (v) The Service must either provide the alien with a written translation of the Notice of Intent or explain the contents of the Notice of Intent

official document · source cfr-2024 · id 8:§ 1238.1