[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR239.1]

[Page 482-483]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 239--INITIATION OF REMOVAL PROCEEDINGS--Table of Contents
 
Sec. 239.1  Notice to appear.

    (a) Commencement. Every removal proceeding conducted under section 
240 of the Act to determine the deportability or inadmissibility of an 
alien is commenced by the filing of a notice to appear with the 
Immigration Court. Any immigration officer performing an inspection of 
an arriving alien at a port-of-entry may issue a notice to appear to 
such an alien. In addition, the following officers, or officers acting 
in such capacity, may issue a notice to appear:
    (1) District directors (except foreign);
    (2) Deputy district directors (except foreign);
    (3) Assistant district directors for investigations;
    (4) Deputy assistant district directors for investigations;
    (5) Assistant district directors for deportation;
    (6) Deputy assistant district directors for deportation;
    (7) Assistant district directors for examinations;
    (8) Deputy assistant district directors for examinations;
    (9) Officers in charge (except foreign);
    (10) Assistant officers in charge (except foreign);
    (11) Chief patrol agents;
    (12) Deputy chief patrol agents;
    (13) Associate chief patrol agents;
    (14) Assistant chief patrol agents;
    (15) Patrol agents in charge;
    (16) The Assistant Commissioner, Investigations;
    (17) Service center directors;
    (18) Deputy center directors;
    (19) Assistant center directors for examinations;
    (20) Supervisory asylum officers;

[[Page 483]]

    (21) Institutional Hearing Program directors;
    (22) Deputy Institutional Hearing Program directors;
    (23) The Director of the Office of Juvenile Affairs; or
    (24) The Deputy Executive Associate Commissioner for Detention and 
Removal.
    (b) Service of notice to appear. Service of the notice to appear 
shall be in accordance with section 239 of the Act.

[62 FR 10366, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002]