[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: 8CFR1239.3] [Page 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. 1239.3 Effect of filing notice to appear. The filing of a notice to appear shall have no effect in determining periods of unlawful presence as defined in section 212(a)(9)(B) of the Act.