---
kind: "section"
citation: "8 C.F.R. § 1215.7"
title: "8"
number: "1215.7"
heading: "Instructions from the Administrator required in certain cases."
url: "https://uscodex.org/cfr/8/1215.7"
---

# §1215.7. Instructions from the Administrator required in certain cases.


In the absence of appropriate instructions from the Administrator of the Bureau of Security and Consular Affairs, departure-control officers shall not exercise the authority conferred by [§ 1215.2](/cfr/8/1215.2.md) in the case of any alien who seeks to depart from the United States in the status of a nonimmigrant under [section 101(a)(15)](/cfr/8/101.md?p=a-15) (A) or (G) of the Immigration and Nationality Act, or in the status of a nonimmigrant under section [11(3)](/cfr/8/11.md?p=3), [11(4)](/cfr/8/11.md?p=4), or [11(5)](/cfr/8/11.md?p=5) of the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations (61 Stat. 756): Provided, That in cases of extreme urgency, where the national security so requires, a departure-control officer may preliminarily exercise the authority conferred by [§ 1215.2](/cfr/8/1215.2.md) pending the outcome of consultation with the Administrator, which shall be undertaken immediately. In all cases arising under this section, the decision of the Administrator shall be controlling: Provided, That any decision to prevent the departure of an alien shall be based upon a hearing and record as prescribed in this part.


## Notes

### Authority

Authority: Sec. 104, 66 Stat. 174, Proc. 3004, 18 FR 489; 8 U.S.C. 1104, 3 CFR, 1953 Supp. Interpret or apply sec. 215, 66 Stat. 190; (8 U.S.C. 1185).

### Source

Source: 45 FR 65516, Oct. 3, 1980, unless otherwise noted. Duplicated from part 215 at 68 FR 9836, Feb. 28, 2003.