[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
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.

    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 an arriving alien even if paroled pursuant to 
section 212(d)(5) of the Act, and even after any such parole is 
terminated or revoked. However, an arriving alien who was paroled into 
the United States before April 1, 1997, or who was paroled into the 
United States on or after April 1, 1997, pursuant to a grant of 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, 
will not be treated, solely by reason of that grant of parole, as an 
arriving alien under 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; 71 FR 27591, May 12, 2006]