Once an order of deportation becomes final from the board, an alien, not in the physical custody of the office, shall be given not less than 48 hours advance notice in writing of the time and place of his/her surrender for deportation. If the alien fails to surrender as directed, he/she shall be deported without further notice when located. When an alien is directed to surrender for deportation, he/she shall do so notwithstanding the filing of an application for a stay of deportation unless the alien has been informed prior to the surrender date that a stay has been granted. The advance notice requirement above does not preclude taking an alien into custody at any time, including any time within the 48 hour period, if the alien’s being at large constitutes a danger to public safety or security , or the immigration officer has reason to believe the alien is likely to abscond. However, in such an instance, the alien’s deportation shall not be effective prior to the expiration of 48 hours from the time of apprehension or of the 48 hour notice period, whichever is less. An alien shall be taken into custody prior to the time specified in the surrender notice only pursuant to an order by a member of the board which authority to issue warrants of arrest.

History: Rule 3-86, eff 7 Dec 86.