Browse Arkansas Code titles and sections
8 U.S.C. § 1253 — Penalties related to removal
Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty for failure to depart**
(1) **In general** — Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim), who—
(A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court,
(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure,
(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or
(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order,
shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim)), or both.
(2) **Exception** — It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody.
(3) **Suspension** — The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the c
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1253
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 814dadbcd65b9eff4c828abfd9a91db23bea0b39e71bee818b8ae835b0b6cf26. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_fcc6128fb418e7771a3566e8
Source file: Laws/federal/codes/united-states-code/title-8/section-1253-penalties-related-to-removal--f48b861f11.md
Pages: Not recorded – Not recorded
Passage SHA-256: ed778e71a5aa4177dc2ee9002393b82cd8869aff3a71d3871ced3fcb19317e7d
Source location: Title 8, Chapter 12, § 1253; chapter-012-immigration-and-nationality.md
Stored source content
**(a) Penalty for failure to depart**
(1) **In general** — Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim), who—
(A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal under administrative processes, or if judicial review is had, then from the date of the final order of the court,
(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure,
(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien’s departure pursuant to such, or
(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order,
shall be fined under title 18, or imprisoned not more than four years (or 10 years if the alien is a member of any of the classes described in paragraph (1)(E), (2), (3), or (4) of [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim)), or both.
(2) **Exception** — It is not a violation of paragraph (1) to take any proper steps for the purpose of securing cancellation of or exemption from such order of removal or for the purpose of securing the alien’s release from incarceration or custody.
(3) **Suspension** — The court may for good cause suspend the sentence of an alien under this subsection and order the alien’s release under such conditions as the court may prescribe. In determining whether good cause has been shown to justify releasing the alien, the court shall take into account such factors as—
(A) the age, health, and period of detention of the alien;
(B) the effect of the alien’s release upon the national security and public peace or safety;
(C) the likelihood of the alien’s resuming or following a course of conduct which made or would make the alien deportable;
(D) the character of the efforts made by such alien himself and by representatives of the country or countries to which the alien’s removal is directed to expedite the alien’s departure from the United States;
(E) the reason for the inability of the Government of the United States to secure passports, other travel documents, or removal facilities from the country or countries to which the alien has been ordered removed; and
(F) the eligibility of the alien for discretionary relief under the immigration laws.
**(b) Willful failure to comply with terms of release under supervision** An alien who shall willfully fail to comply with regulations or requirements issued pursuant to [section 1231(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/a/3&num=0&edition=prelim) or knowingly give false information in response to an inquiry under such section shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
**(c) Penalties relating to vessels and aircraft**
(1) **Civil penalties**
(A) *Failure to carry out certain orders* — If the Attorney General is satisfied that a person has violated subsection (d) or (e) of [section 1231 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231&num=0&edition=prelim), the person shall pay to the Commissioner the sum of $2,000 for each violation.
(B) *Failure to remove alien stowaways* — If the Attorney General is satisfied that a person has failed to remove an alien stowaway as required under [section 1231(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/d/2&num=0&edition=prelim), the person shall pay to the Commissioner the sum of $5,000 for each alien stowaway not removed.
(C) *No compromise* — The Attorney General may not compromise the amount of such penalty under this paragraph.
(2) **Clearing vessels and aircraft**
(A) *Clearance before decision on liability* — A vessel or aircraft may be granted clearance before a decision on liability is made under paragraph (1) only if a bond approved by the Attorney General or an amount sufficient to pay the civil penalty is deposited with the Commissioner.
(B) *Prohibition on clearance while penalty unpaid* — A vessel or aircraft may not be granted clearance if a civil penalty imposed under paragraph (1) is not paid.
**(d) Discontinuing granting visas to nationals of country denying or delaying accepting alien** On being notified by the Attorney General that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the Attorney General asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Attorney General notifies the Secretary that the country has accepted the alien.
**(e) Enforcement by attorney general of a State** The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Detention, release, and removal of aliens ordered removed**
(1) **Removal period**
(A) *In general* — Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days (in this section referred to as the “removal period”).
(B) *Beginning of period* — The removal period begins on the latest of the following:
(i) The date the order of removal becomes administratively final.
(ii) If the removal order is judicially reviewed and if a court orders a stay of the removal of the alien, the date of the court’s final order.
(iii) If the alien is detained or confined (except under an immigration process), the date the alien is released from detention or confinement.
(C) *Suspension of period* — The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure or conspires or acts to prevent the alien’s removal subject to an order of removal.
(2) **Detention**
(A) *In general* — During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of this title.
(B) *Enforcement by attorney general of a State* — The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that harms such State or its residents shall have standing t
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1231
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Classes of deportable aliens** Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
(1) **Inadmissible at time of entry or of adjustment of status or violates status**
(A) *Inadmissible aliens* — Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
(B) *Present in violation of law* — Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under [section 1201(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/i&num=0&edition=prelim), is deportable.
(C) *Violated nonimmigrant status or condition of entry*
(i) *Nonimmigrant status violators* — Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1258&num=0&edition=prelim), or to comply with the conditions of any such status, is deportable.
(ii) *Violators of conditions of entry* — Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under [section 1182(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/g&num=0&edition=prelim) is deportable.
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1227
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to apply for asylum**
(1) **In general** — Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, [section 1225(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b&num=0&edition=prelim).
(2) **Exceptions**
(A) *Safe third country* — Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General finds that it is in the public interest for the alien to receive asylum in the United States.
(B) *Time limit* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evidence that the application has been filed within 1 year after the date of the alien’s arrival in the United States.
(C) *Previous asylum applications* — Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1158
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to—
(1) family-sponsored immigrants described in [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/a&num=0&edition=prelim)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;
(2) employment-based immigrants described in [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim) (or who are admitted under [section 1181(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1181/a&num=0&edition=prelim) on the basis of a prior issuance of a visa to their accompanying parent under [section 1153(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153/b&num=0&edition=prelim)), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarte
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1151
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Offenses.—**
(1) **In general.—** — Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.
(2) **Terrorism offense.—** — Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.
**(b) Consecutive Sentence.—** Notwithstanding any other provision of law—
(1) a court shall not place on probation any person convicted of a violation of this section;
(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;
(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and
(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part,
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1028A
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Removal of criminal aliens**
(1) **In general** — The Attorney General shall provide for the availability of special removal proceedings at certain Federal, State, and local correctional facilities for aliens convicted of any criminal offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense covered by [section 1227(a)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/ii&num=0&edition=prelim) for which both predicate offenses are, without regard to the date of their commission, otherwise covered by [section 1227(a)(2)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a/2/A/i&num=0&edition=prelim). Such proceedings shall be conducted in conformity with [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim) (except as otherwise provided in this section), and in a manner which eliminates the need for additional detention at any processing center of the Service and in a manner which assures expeditious removal following the end of the alien’s incarceration for the underlying sentence. Nothing in this section shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
(2) **Implementation** — With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to [section 1226(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1226/c&num=0&edition=prelim), the Attorney General shall, to the maximum extent practicable, detain a
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1228
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicable provisions**
(1) **General orders of removal** — Judicial review of a final order of removal (other than an order of removal without a hearing pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim)) is governed only by chapter 158 of title 28, except as provided in subsection (b) and except that the court may not order the taking of additional evidence under section 2347(c) of such title.
(2) **Matters not subject to judicial review**
(A) *Review relating to section 1225(b)(1)* — Notwithstanding any other provision of law (statutory or nonstatutory), including [section 2241 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2241&num=0&edition=prelim), or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review—
(i) except as provided in subsection (e), any individual determination or to entertain any other cause or claim arising from or relating to the implementation or operation of an order of removal pursuant to [section 1225(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1&num=0&edition=prelim),
(ii) except as provided in subsection (e), a decision by the Attorney General to invoke the provisions of such section,
(iii) the application of such section to individual aliens, including the determination made under [section 1225(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B&num=0&edition=prelim), or
(iv) except as provided in subsection (e), procedures and policies adopted by the Attorney General to implement the prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1252
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa** The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
**(b) Record of lawful admission for permanent residence; reduction of preference visas** Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 1152 and 1153 of this title within the class to which the alien is chargeable for the fiscal year then current.
**(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa** Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in [section 1151(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:U
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1255
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.