The following excerpt is from United States v. Lett, 944 F.3d 467 (2nd Cir. 2019):
they do not affect the governments authority to deport such aliens pursuant to final orders of removal. See , e.g. , United States v. Ailon-Ailon , 875 F.3d 1334, 1339 (10th Cir. 2017) (referring to 8 C.F.R. 215.2(a) as governing "voluntary departure"). This interpretation is confirmed by the remainder of section 215, entitled "Controls of Aliens Departing from the United States," 8 C.F.R. 215, which is separate from the regulations governing "Removal of Aliens Ordered Removed," id . 236. See , e.g. , id . 215.2(a) (requiring immigration officers to issue a "written temporary order directing [the alien] not to depart, or attempt to depart, from the United States"); id . 215.4(a) (providing for a hearing at which the alien can contest the denial of his departure); id . 215.6 (providing for a parallel framework for aliens who "seek[ ] to depart" from the territories of the United States); id . 215.8 (contemplating eligibility for reentry into the United States for departing aliens, subject to certain "departure requirements").
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