The authority here is quite broad. As long as the IJ designates a country of removal within the guidelines
provided, the respondent does not have to be a citizen, national, or subject of the designated country, nor
does the designated county have to provide prior consent for the removal.152 A functioning government is
not required in the designated country,153 and multiple countries may be designated.154
For the stateless individual, if eventually ordered removed, this government authority could have a profound
impact on the individual’s ability to exercise basic civil and political rights, take up work, and to access
education and social services in the country of eventual removal. It may also result in the individual being
subject to extended detention following an order of removal, as DHS may attempt to justify continued
detention on the basis of one of these ongoing options. Any stateless individual subjected to this provision
should challenge the removal if it would place her at risk of persecution, torture, or other serious human
rights violations. She should also nonetheless challenge post-order detention, an issue which is discussed in
further detail below.
iii. Any Country Willing To Accept the Individual
When the respondent cannot be removed to any of the countries mentioned above, DHS is permitted to
seek removal to “another country whose government will accept the alien into that country.”155 This is the
only potential country of removal where it is required that the government of the country of removal be
willing to accept the individual.156
For the stateless individual, this broad Government removal authority is not without limit. Any stateless
person subjected to this provision should have the opportunity to challenge removal to the country if it
would place them at risk of persecution, torture, or other serious human rights violations.
Resources
Adam L. Fleming, Around the World in the INA: Designating a Country of Removal in Immigration Proceedings,
IMMIGR. L. ADVISOR, (May 2013), available at
https://www.justice.gov/sites/default/files/eoir/legacy/2013/06/03/vol7no5.pdf.
Bejet-Viali Al-Jojo v. Gonzales, 424 F.3d 823, 828 (8th Cir. 2005) (citing Jama, 543 U.S. 335); see also 8 C.F.R. § 241.15(e).
8 C.F.R. § 1240.10(f).
154 El Himri, 378 F.3d at 938 (citing 8 C.F.R. § 1240.12(c)).
155 See INA § 241(b)(2)(E)(vii).
156 See Execution of Removal Orders; Countries to Which Aliens May Be Removed, 70 Fed. Reg. 661, 666 (Jan. 5, 2005); see also
Wangchuck v. DHS, 448 F.3d 524, 531 (2d Cir. 2006) (holding that the Board erred in ordering a non-U.S. citizen—who was born
in India to Tibetan parents—removed to China without evidence that China would accept him); El Himri, 378 F.3d at 934, 939
(holding that “stateless Palestinians who fled Kuwait” could not be removed to Jordan unless that country was willing to accept
them).
152
153
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