Title 18Crimes and Criminal ProcedureRelease 119-73

§4113 Status of alien offender transferred to a foreign country

Title 18 › Part PART III— - PRISONS AND PRISONERS › Chapter CHAPTER 306— - TRANSFER TO OR FROM FOREIGN COUNTRIES › § 4113

Last updated Apr 6, 2026|Official source

Summary

If sent abroad under this chapter, noncitizens granted voluntary departure under section 240B of the Immigration and Nationality Act are treated as having voluntarily left the United States. Noncitizens with removal orders under section 240 are treated as removed and as excluded from admission.

Full Legal Text

Title 18, §4113

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)An alien who is deportable from the United States but who has been granted voluntary departure pursuant to section 240B of the Immigration and Nationality Act and who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have voluntarily departed from this country.
(b)An alien who is the subject of an order of removal from the United States pursuant to section 240 of the Immigration and Nationality Act who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been removed from this country.
(c)An alien who is the subject of an order of removal from the United States pursuant to section 240 of the Immigration and Nationality Act, who is transferred to a foreign country pursuant to this chapter shall be deemed for all purposes to have been excluded from admission and removed from the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 240B of the Immigration and Nationality Act, referred to in subsec. (a), is classified to section 1229c of Title 8, Aliens and Nationality. section 240 of the Immigration and Nationality Act, referred to in subsecs. (b) and (c), is classified to section 1229a of Title 8.

Amendments

1996—Subsec. (a). Pub. L. 104–208, § 308(g)(5)(A)(iv)(I), substituted “section 240B of the Immigration and Nationality Act” for “section 1252(b) or section 1254(e) of title 8, United States Code,”. Subsec. (b). Pub. L. 104–208, § 308(g)(5)(A)(iv)(II), substituted “section 240 of the Immigration and Nationality Act” for “section 1252 of title 8, United States Code,”. Pub. L. 104–208, § 308(e)(1)(Q), (2)(I), substituted “removal” for “deportation” and “removed” for “deported”. Subsec. (c). Pub. L. 104–208, § 308(g)(3)(B), substituted “240 of the Immigration and Nationality Act” for “1226 of title 8, United States Code”. Pub. L. 104–208, § 308(d)(4)(U), (e)(2)(I), substituted “removal” for “exclusion and deportation” and “removed” for “deported”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of Title 8, Aliens and Nationality.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4113

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73