[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: 8CFR239.1]



[Page 440-441]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 239_INITIATION OF REMOVAL PROCEEDINGS--Table of Contents

 

Sec. 239.1  Notice to appear.









Sec.

239.1 Notice to appear.

239.2 Cancellation of notice to appear.

239.3 Effect of filing notice to appear.



    Authority: 8 U.S.C. 1103, 1221, 1229; Homeland Security Act of 2002, 

Public Law 107-296; 8 CFR part 2.



    Source: 62 FR 10366, Mar. 6, 1997, unless otherwise noted.





    (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;



[[Page 441]]



    (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;

    (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;

    (38) Supervisory service center adjudications officers;

    (39) Unit Chief, Law Enforcement Support Center;

    (40) Section Chief, Law Enforcement Support Center; or

    (41) Other officers or employees of the Department or of the United 

States who are delegated the authority as provided by 8 CFR 2.1 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, as amended at 70 FR 67089, Nov. 4, 2005]