Deportation Rules for Foreign Fugitives

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BI Operations Order No. SBM-2015-003: Deportation Rules for Foreign Fugitives

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Title Supreme Court: Deportation Rules for Foreign Fugitives

Law: Bi Operations Order No. Sbm-2015-003

Decision Date: Feb 3, 2015

BI Operations Order No. SBM-2015-003 in the Philippines governs the deportation of foreign fugitives, requiring a written declaration from the embassy stating the cancellation of the fugitive's passport within 48 hours, and charging them as undesirable or an undocumented alien depending on the status of their passport.

foreign nationals

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Cancellation of Foreign Passport

Upon receiving an embassy's deportation request for a foreign fugitive, the Legal Division has 48 hours to verify if the fugitive's passport/travel document has been cancelled.
If no written declaration of cancellation is provided, the embassy must furnish it within 5 working days.

Referral for Fugitives with Valid Passports

If the fugitive's passport remains valid and uncancelled:
- The Legal Division shall charge the individual as an undesirable alien under Act 2711, Section 69.
- The case shall be referred to the Board of Special Inquiry (BSI) for further action.

Summary Deportation for Fugitives with Cancelled Passports

If the fugitive's passport has been cancelled:
- The Rules on Summary Deportation apply.
- The fugitive is charged as an undocumented alien under Commonwealth Act 613, Section 37(a)(7).

Repealing Clause

All prior rules, procedures, guidelines, and issuances inconsistent with this order are repealed or modified accordingly.

Effectivity and Administrative Matters

The Operations Order takes effect immediately upon approval.
A copy is furnished to the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.

Legal Authority and Context

The order is promulgated pursuant to the Bureau of Immigration Commissioner's rule-making authority under Commonwealth Act No. 613, Section 3.
Responds to foreign embassies' requests concerning deportation of their nationals declared fugitives, even if passports remain valid.

END