§ 236.2 Confined aliens, incompetents, and minors.
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Title 8—Aliens and Nationality > CHAPTER I—DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER B—IMMIGRATION REGULATIONS > PART 236—APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED > Subpart A—Detention of Aliens Prior to Order of Removal
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(a) Service. If the respondent is confined, or if he or she is an incompetent, or a minor under the age of 14, the notice to appear, and the warrant of arrest, if issued, shall be served in the manner prescribed in § 239.1 of this chapter upon the person or persons specified by 8 CFR 103.8(c).
(b) Service custody and cost of maintenance. An alien confined because of physical or mental disability in an institution or hospital shall not be accepted into physical custody by the Service until an order of removal has been entered and the Service is ready to remove the alien. When such an alien is an inmate of a public or private institution at the time of the commencement of the removal proceedings, expenses for the maintenance of the alien shall not be incurred by the Government until he or she is taken into physical custody by the Service.
[62 FR 10360, Mar. 6, 1997, as amended at 76 FR 53790, Aug. 29, 2011]
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