When does the FOD have the authority to make a custody determination?

• A. If the alien requests it
• B. If travel documents are denied and removal is not imminent
• C. When it has been 60 days
• D. After serving the POCR decision

Answer: (B)

The authority of the Field Operations Division (FOD) to make a custody determination is based on specific circumstances outlined by immigration regulations. In the context of the answer provided, it is correct because the FOD can take action when removal is not imminent, particularly in situations where travel documents for the alien have been denied. This allows the FOD to evaluate the individual’s situation more thoroughly without the immediate pressure of removal, facilitating a more informed custody decision.

Travel document denial often implies that the government cannot facilitate the removal of the individual. Thus, the FOD has the discretion to assess whether continued custody is warranted, considering this new information about the inability to remove the individual from the country.

The other scenarios do not provide the appropriate conditions for the FOD's authority to make a custody determination. A request from the alien, for instance, does not automatically grant the FOD the authority to decide on custody as the determination process involves evaluating various factors under applicable laws. Additionally, a specific timeline like 60 days or actions following a Preliminary Order of Removal (POCR) serve different procedural functions and do not inherently trigger the FOD's authority in custody determinations.