[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR239.1]

[Page 438-439]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 239_INITIATION OF REMOVAL PROCEEDINGS--Table of Contents
 
Sec.  239.1  Notice to appear.

    (a) Issuance of notice to appear. Any immigration officer, or 
supervisor thereof, performing an inspection of an arriving alien at a 
port-of-entry may issue a notice to appear to such 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) Chief patrol agents;
    (4) Deputy chief patrol agents;
    (5) Assistant chief patrol agents;
    (6) Patrol agents in charge;
    (7) Assistant patrol agents in charge;
    (8) Field operations supervisors;
    (9) Special operations supervisors;
    (10) Supervisory border patrol agents;
    (11) Service center directors;
    (12) Deputy service center directors;
    (13) Assistant service center directors for examinations;
    (14) Supervisory district adjudications officers;
    (15) Supervisory asylum officers;
    (16) Officers in charge (except foreign);
    (17) Assistant officers in charge (except foreign);
    (18) Special agents in charge;
    (19) Deputy special agents in charge;
    (20) Associate special agents in charge;
    (21) Assistant special agents in charge;
    (22) Resident agents in charge;
    (23) Supervisory special agents;
    (24) Directors of investigations;

[[Page 439]]

    (25) District directors for interior enforcement;
    (26) Deputy or assistant district directors for interior 
enforcement;
    (27) Director of detention and removal;
    (28) Field office directors;
    (29) Deputy field office directors;
    (30) Supervisory deportation officers;
    (31) Supervisory detention and deportation officers;
    (32) Directors or officers in charge of detention facilities;
    (33) Directors of field operations;
    (34) Deputy or assistant directors of field operations;
    (35) District field officers;
    (36) Port directors;
    (37) Deputy port directors; or
    (38) Other officers of employees of the Department or of the United 
States who are delegated the authority as provided by Sec.  2.1 of this 
chapter to issue notices to appear.
    (b) Service of notice to appear. Service of the notice to appear 
shall be in accordance with section 239 of the Act.

[68 FR 35275, June 13, 2003]