[Code of Federal Regulations] [Title 8, Volume 1] [Revised as of January 1, 2010] From the U.S. Government Printing Office via GPO Access [CITE: 8CFR1239.1] [Page 1018-1019] TITLE 8--ALIENS AND NATIONALITY CHAPTER V--EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE PART 1239_INITIATION OF REMOVAL PROCEEDINGS--Table of Contents Sec. 1239.1 Notice to appear. Sec. 1239.1 Notice to appear. 1239.2 Cancellation of notice to appear. 1239.3 Effect of filing notice to appear. Authority: 8 U.S.C. 1103, 1221, 1229. Source: 62 FR 10366, Mar. 6, 1997, unless otherwise noted. Duplicated from part 239 at 68 FR 9838, Feb. 28, 2003. Editorial Note: Nomenclature changes to part 1239 appear at 68 FR 9846, Feb. 28, 2003, and at 68 FR 10355, Mar. 3, 2003. [[Page 1019]] (a) Commencement. Every removal proceeding conducted under section 240 of the Act (8 U.S.C. 1229a) to determine the deportability or inadmissibility of an alien is commenced by the filing of a notice to appear with the immigration court. For provisions relating to the issuance of a notice to appear by an immigration officer, or supervisor thereof, see 8 CFR 239.1(a). (b) Service of notice to appear. Service of the notice to appear shall be in accordance with section 239 of the Act. [62 FR 10366, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002; 69 FR 44907, July 28, 2004]