[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: 8CFR239.1]

[Page 502-503]
 
                     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;
    (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;

[[Page 503]]

    (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]