[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: 8CFR239.2]



[Page 441]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 239_INITIATION OF REMOVAL PROCEEDINGS--Table of Contents

 

Sec. 239.2  Cancellation of notice to appear.



    (a) Any officer authorized by Sec. 239.1(a) to issue a notice to 

appear may cancel such notice prior to jurisdiction vesting with the 

immigration judge pursuant to Sec. 3.14 of this chapter provided the 

officer is satisfied that:

    (1) The respondent is a national of the United States;

    (2) The respondent is not deportable or inadmissible under 

immigration laws;

    (3) The respondent is deceased;

    (4) The respondent is not in the United States;

    (5) The notice was issued for the respondent's failure to file a 

timely petition as required by section 216(c) of the Act, but his or her 

failure to file a timely petition was excused in accordance with section 

216(d)(2)(B) of the Act;

    (6) The notice to appear was improvidently issued, or

    (7) Circumstances of the case have changed after the notice to 

appear was issued to such an extent that continuation is no longer in 

the best interest of the government.

    (b) A notice to appear issued pursuant to section 235(b)(3) of the 

Act may be canceled under provisions in paragraphs (a)(2) and (a)(6) of 

this section only by the issuing officer, unless it is impracticable for 

the issuing officer to cancel the notice.

    (c) Motion to dismiss. After commencement of proceedings pursuant to 

8 CFR 1003.14, ICE counsel, or any officer enumerated in paragraph (a) 

of this section, may move for dismissal of the matter on the grounds set 

out under paragraph (a) of this section.

    (d) Motion for remand. After commencement of the hearing, ICE 

counsel, or any officer enumerated in paragraph (a) of this section may 

move for remand of the matter to district jurisdiction on the ground 

that the foreign relations of the United States are involved and require 

further consideration.

    (e) Warrant of arrest. When a notice to appear is canceled or 

proceedings are terminated under this section any outstanding warrant of 

arrest is canceled.



[62 FR 10366, Mar. 6, 1997, as amended at 68 FR 35276, June 13, 2003]



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