[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR3.15]

[Page 23]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 3--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW--Table of Contents
 
            Subpart C--Immigration Court--Rules of Procedure
 
Sec. 3.15  Contents of the order to show cause and notice to appear and notification of change of address.

    (a) In the Order to Show Cause, the Service shall provide the 
following administrative information to the Executive Office for 
Immigration Review. Omission of any of these items shall not provide the 
alien with any substantive or procedural rights:
    (1) The alien's names and any known aliases;
    (2) The alien's address;
    (3) The alien's registration number, with any lead alien 
registration number with which the alien is associated;
    (4) The alien's alleged nationality and citizenship;
    (5) The language that the alien understands;
    (b) The Order to Show Cause and Notice to Appear must also include 
the following information:
    (1) The nature of the proceedings against the alien;
    (2) The legal authority under which the proceedings are conducted;
    (3) The acts or conduct alleged to be in violation of law;
    (4) The charges against the alien and the statutory provisions 
alleged to have been violated;
    (5) Notice that the alien may be represented, at no cost to the 
government, by counsel or other representative authorized to appear 
pursuant to 8 CFR 292.1;
    (6) The address of the Immigration Court where the Service will file 
the Order to Show Cause and Notice to Appear; and
    (7) A statement that the alien must advise the Immigration Court 
having administrative control over the Record of Proceeding of his or 
her current address and telephone number and a statement that failure to 
provide such information may result in an in absentia hearing in 
accordance with Sec. 3.26.
    (c) Contents of the Notice to Appear for removal proceedings. In the 
Notice to Appear for removal proceedings, the Service shall provide the 
following administrative information to the Immigration Court. Failure 
to provide any of these items shall not be construed as affording the 
alien any substantive or procedural rights.
    (1) The alien's names and any known aliases;
    (2) The alien's address;
    (3) The alien's registration number, with any lead alien 
registration number with which the alien is associated;
    (4) The alien's alleged nationality and citizenship; and
    (5) The language that the alien understands.
    (d) Address and telephone number. (1) If the alien's address is not 
provided on the Order to Show Cause or Notice to Appear, or if the 
address on the Order to Show Cause or Notice to Appear is incorrect, the 
alien must provide to the Immigration Court where the charging document 
has been filed, within five days of service of that document, a written 
notice of an address and telephone number at which the alien can be 
contacted. The alien may satisfy this requirement by completing and 
filing Form EOIR-33.
    (2) Within five days of any change of address, the alien must 
provide written notice of the change of address on Form EOIR-33 to the 
Immigration Court where the charging document has been filed, or if 
venue has been changed, to the Immigration Court to which venue has been 
changed.

[57 FR 11571, Apr. 6, 1992, as amended at 60 FR 34089, June 30, 1995; 62 
FR 10332, Mar. 6, 1997]

[[Page 24]]