country.138 However, there is one exception: the respondent cannot designate a foreign territory contiguous to the United States or its territories unless she has some connection to that territory.139 Moreover, as discussed below, the IJ or DHS may disregard the respondent’s choice in one of four circumstances,140 with a showing of good cause.141 Specifically, the IJ may disregard a noncitizen’s choice of country for failure to designate promptly or if removal to the designated country would be prejudicial to the United States.142 DHS may disregard the noncitizen’s designated country (and the country stated in the IJ’s order of removal) if the designated country does not respond or refuses to accept the noncitizen. Each of these circumstances is discussed in detail below. Practice Point Where the respondent is detained, the respondent’s attorney may want to verify whether the designated country will accept the respondent if she is ordered removed there. Otherwise, as discussed in detail below, the respondent may spend an extended period in detention following the removal order while DHS unsuccessfully attempts to arrange removal. i. Failure to Designate Promptly If “the alien fails to designate a country promptly,” the IJ may disregard the respondent’s designated country. 143 Again, this is a critical point for the stateless person. If the person declines to designate a country of removal and DHS enters one instead, this may make an application for asylum or other protection more difficult to pursue. In the case of a removal order, declining to designate may make it more difficult to demonstrate that the person cannot be removed to that country, resulting in prolonged detention and other restrictions on their liberty. Stateless individuals and their counsel must consider the possible consequences of designating a country of removal, which may make applications for relief more difficult, versus not designating one and having different challenges if and when an order of removal is issued. ii. Failure of Designated Country to Respond If a country designated by the respondent for removal fails to respond and approve removal within 30 days, DHS may disregard and designate another country.144 This is a likely scenario in the case of a stateless person and, again, should be considered as a legal and strategic decision early in proceedings, because the decision of whether and where to designate could have profound consequences in terms of detention and the ability to be removed. See Matter of Laurenzano, 13 I&N Dec. 636, 638 (BIA 1970). See INA § 241(b)(2)(B). 140 See INA § 241(b)(2)(C). 141 See Navarrete-Paredes v. Ashcroft, 96 F. App’x 348, 350 (6th Cir. 2004) (remanding to resolve an inconsistency between the Immigration Judge’s designation of Peru and the alien’s designation of Spain); see also United States ex rel. Scala Di Felice v. Shaughnessy, 114 F. Supp. 791, 794 (S.D.N.Y. 1953) (“While it is abundantly clear that [the alien’s] right of choice . . . no longer exists without qualifications . . . the [Government] may not completely ignore a properly made choice merely as a matter of whim or caprice.”). 142 IRA J. KURZBAN, KURZBAN’S IMMIGRATION LAW SOURCEBOOK 568-71 (Am. Immigration Lawyers Ass’n ed., 14th ed. 2014). 143 See INA § 241(b)(2)(C)(i). 144 See INA § 241(b)(2)(C)(ii). 138 139 32