[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR1.1]



[Page 9-11]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 1_DEFINITIONS--Table of Contents

 

Sec. 1.1  Definitions.









    Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 U.S.C. 301; Public Law 

107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).





    As used in this chapter:

    (a) The terms defined in section 101 of the Immigration and 

Nationality Act (66 Stat. 163) shall have the meanings ascribed to them 

in that section and as supplemented, explained, and further defined in 

this chapter.

    (b) The term Act means the Immigration and Nationality Act, as 

amended.

    (c) The term Service means the Immigration and Naturalization 

Service, as it existed prior to March 1, 2003. Unless otherwise 

specified, references to the Service after that date mean the Bureau of 

Citizenship and Immigration Services, the Bureau of Customs and Border 

Protection, and the Bureau of Immigration and Customs Enforcement.

    (d) The term Commissioner means the Commissioner of the Immigration 

and Naturalization Service prior to March 1, 2003. Unless otherwise 

specified, references after that date mean the Director of the Bureau of 

Citizenship and Immigration Services, the Commissioner of the Bureau of 

Customs and Border Protection, and the Assistant Secretary for the 

Bureau of Immigration and Customs Enforcement.

    (e) The term Board means the Board of Immigration Appeals.

    (f) The term attorney means any person who is a member in good 

standing of the bar of the highest court of any State, possession, 

territory, Commonwealth, or the District of Columbia, and is not under 

any order of any court suspending, enjoining, restraining, disbarring, 

or otherwise restricting him in the practice of law.

    (g) Unless the context otherwise requires, the term case means any 

proceeding arising under any immigration or naturalization law, 

Executive order, or Presidential proclamation, or preparation for or 

incident to such proceeding, including preliminary steps by any private 

person or corporation preliminary to the filing of the application or 

petition by which any proceeding under the jurisdiction of the Service 

or the Board is initiated.

    (h) The term day when computing the period of time for taking any 

action provided in this chapter including the taking of an appeal, shall 

include Saturdays, Sundays, and legal holidays, except that when the 

last day of the period so computed falls on a Saturday, Sunday or a 

legal holiday, the period shall run until the end of the next day which 

is not a Saturday, Sunday, nor a legal holiday.

    (i) The term practice means the act or acts of any person appearing 

in any case, either in person or through the preparation or filing of 

any brief or other document, paper, application, or petition on behalf 

of another person or client before or with the Service, or any officer 

of the Service, or the Board.

    (j) The term representative refers to a person who is entitled to 

represent others as provided in Sec. Sec. 292.1(a) (2), (3), (4), (5), 

(6), and 292.1(b) of this chapter.

    (k) The term preparation, constituting practice, means the study of 

the facts of a case and the applicable laws, coupled with the giving of 

advice and auxiliary activities, including the incidental preparation of 

papers, but does not include the lawful functions of a notary public or 

service consisting solely of assistance in the completion of blank 

spaces on printed Service forms by one whose remuneration, if any, is 

nominal and who does not hold himself out as qualified in legal matters 

or in immigration and naturalization procedure.

    (l) The term immigration judge means an attorney whom the Attorney 

General appoints as an administrative judge within the Executive Office 

for Immigration Review, qualified to conduct specified classes of 

proceedings, including a hearing under section 240 of the Act. An 

immigration judge shall be subject to such supervision and shall perform 

such duties as the Attorney General shall prescribe, but shall not be 

employed by the Immigration and Naturalization Service.



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    (m) The term representation before the Board and the Service 

includes practice and preparation as defined in paragraphs (i) and (k) 

of this section.

    (n) The term Executive Office means Executive Office for Immigration 

Review.

    (o) The terms director or district director prior to March 1, 2003, 

mean the district director or regional service center director, unless 

otherwise specified. On or after March 1, 2003, pursuant to delegation 

from the Secretary of Homeland Security or any successive re-delegation, 

the terms mean, to the extent that authority has been delegated to such 

official: service center director; special agent in charge; field office 

director; district director for services; district director for interior 

enforcement; or director, field operations. The terms also mean such 

other official, including an official in an acting capacity, within the 

Bureau of Citizenship and Immigration Services, the Bureau of Customs 

and Border Protection, the Bureau of Immigration and Customs 

Enforcement, or other component of the Department of Homeland Security 

who is delegated the function or authority above referenced for a 

particular geographic district, region, or area.

    (p) The term lawfully admitted for permanent residence means the 

status of having been lawfully accorded the privilege of residing 

permanently in the United States as an immigrant in accordance with the 

immigration laws, such status not having changed. Such status terminates 

upon entry of a final administrative order of exclusion, deportation, or 

removal.

    (q) The term arriving alien means an applicant for admission coming 

or attempting to come into the United States at a port-of-entry, or an 

alien seeking transit through the United States at a port-of-entry, or 

an alien interdicted in international or United States waters and 

brought into the United States by any means, whether or not to a 

designated port-of-entry, and regardless of the means of transport. An 

arriving alien remains such even if paroled pursuant to section 

212(d)(5) of the Act, except that an alien who was paroled before April 

1, 1997, or an alien who was granted advance parole which the alien 

applied for and obtained in the United States prior to the alien's 

departure from and return to the United States, shall not be considered 

an arriving alien for purposes of section 235(b)(1)(A)(i) of the Act.

    (r) The term respondent means a person named in a Notice to Appear 

issued in accordance with section 239(a) of the Act, or in an Order to 

Show Cause issued in accordance with Sec. 242.1 of this chapter as it 

existed prior to April 1, 1997.

    (s) The term Service counsel means any immigration officer assigned 

to represent the Service in any proceeding before an immigration judge 

or the Board of Immigration Appeals.

    (t) The term aggravated felony means a crime (or a conspiracy or 

attempt to commit a crime) described in section 101(a)(43) of the Act. 

This definition is applicable to any proceeding, application, custody 

determination, or adjudication pending on or after September 30, 1996, 

but shall apply under section 276(b) of the Act only to violations of 

section 276(a) of the Act occurring on or after that date.

    (u) The term Department, unless otherwise noted, means the 

Department of Homeland Security.

    (v) The term Secretary, unless otherwise noted, means the Secretary 

of Homeland Security.

    (w) The term Bureau means generally, unless otherwise noted, the 

Bureau of Citizenship and Immigration Services, the Bureau of Customs 

and Border Protection, and the Bureau of Immigration and Customs 

Enforcement, as created by the Homeland Security Act of 2002, as 

amended, Pub. L. 107-296, November 25, 2002, 116 Stat. 2135, and the 

President's Reorganization Plan, as modified.

    (x) The term BCIS means the Bureau of Citizenship and Immigration 

Services.

    (y) The term CBP means the Bureau of Customs and Border Protection.



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    (z) The term ICE means the Bureau of Immigration and Customs 

Enforcement.



[23 FR 9115, Nov. 26, 1958, as amended at 30 FR 14772, Nov. 30, 1965; 34 

FR 12213, July 24, 1969; 38 FR 8590, Apr. 4, 1973; 40 FR 23271, May 29, 

1975; 48 FR 8039, Feb. 25, 1983, 52 FR 2936, Jan. 29, 1987; 53 FR 30016, 

Aug. 10, 1988; 61 FR 18904, Apr. 29, 1996; 62 FR 10330, Mar. 6, 1997; 63 

FR 19383, Apr. 20, 1998; 68 FR 10923, Mar. 6, 2003; 68 FR 35275, June 

13, 2003]