Hold Departure Order request signatory rule
- All requests for issuance of an HDO to the Bureau of Immigration and Deportation must be signed exclusively by the Director.
- In the Director’s absence, the Assistant Director must sign the requests.
- Requests must also meet the conditions set forth in the Immigration Hold Departure Guidelines.
- The order mandates strict compliance with these signing and condition requirements.
Immigration Hold Departure Guidelines — scope of issuance
- An HDO is issued under several conditions.
- The HDO issuance guidelines apply to “pertinent” cases covered by the two listed categories.
- The guidelines require the interested party to apply for an HDO in both categories covered.
- Compliance depends on furnishing specific documents to the Bureau of Immigration and Deportation (BID).
Category A: Court order in criminal/habeas corpus
- An HDO is issued when it is pursuant to a court order in a criminal case or a habeas corpus case.
- For this category, the interested party must file an application.
- The applicant must furnish the BID with a certified true copy of the order of the court holding departure.
- The applicant may also furnish the BID with a certified true copy of the criminal information/habeas corpus petition.
- The requirement for an HDO in this category is the satisfaction of the document-furnishing conditions above.
Category B: Standing warrant/order of arrest
- An HDO is issued when it is pursuant to a standing Warrant/Order of Arrest.
- For this category, the interested party must file an application.
- The applicant must furnish the BID with a certified true copy of the criminal information.
- The applicant must furnish the BID with a certified true copy of the warrant or order of arrest.
- The applicant must furnish the BID with a certification of the Clerk of Court stating that the warrant or order of arrest remains in force.
Adoption and compliance directive
- The guidelines are adopted on 14 Oct. 1992.
- EPIMACO A. VELASCO, identified as Director, adopts the memorandum order.
- The memorandum order requires strict compliance with the Immigration Hold Departure Guidelines and the signature rule.
- All requests for HDO issuance must meet both the signatory requirement and the guideline conditions.