---
kind: "section"
citation: "8 C.F.R. § 215.7"
title: "8"
number: "215.7"
heading: "Instructions from the Administrator required in certain cases."
url: "https://uscodex.org/cfr/8/215.7"
---

# §215.7. 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 [§ 215.2](/cfr/8/215.2.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 [§ 215.2](/cfr/8/215.2.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: 6 U.S.C. 202(4), 236; 8 U.S.C. 1101, 1103, 1104, 1184, 1185 (pursuant to Executive Order 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1357, 1365a and note, 1365b, 1379, 1731-32; and 8 CFR part 2.

### Source

Source: 45 FR 65516, Oct. 3, 1980, unless otherwise noted.