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8 U.S.C. § 1229 — Initiation of removal proceedings
Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice to appear**
(1) **In general** — In removal proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following:
(A) The nature of the proceedings against the alien.
(B) The legal authority under which the proceedings are conducted.
(C) The acts or conduct alleged to be in violation of law.
(D) The charges against the alien and the statutory provisions alleged to have been violated.
(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2).
(F)
(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim).
(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.
(iii) The consequences under [section 1229a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a/b/5&num=0&edition=prelim) of failure to provide address and telephone information pursuant to this subparagraph.
(G)
(i) The time an
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Source file: Laws/federal/codes/united-states-code/title-8/section-1229-initiation-of-removal-proceedings--99701db5db.md
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Source location: Title 8, Chapter 12, § 1229; chapter-012-immigration-and-nationality.md
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**(a) Notice to appear**
(1) **In general** — In removal proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), written notice (in this section referred to as a “notice to appear”) shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying the following:
(A) The nature of the proceedings against the alien.
(B) The legal authority under which the proceedings are conducted.
(C) The acts or conduct alleged to be in violation of law.
(D) The charges against the alien and the statutory provisions alleged to have been violated.
(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2).
(F)
(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim).
(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.
(iii) The consequences under [section 1229a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a/b/5&num=0&edition=prelim) of failure to provide address and telephone information pursuant to this subparagraph.
(G)
(i) The time and place at which the proceedings will be held.
(ii) The consequences under [section 1229a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a/b/5&num=0&edition=prelim) of the failure, except under exceptional circumstances, to appear at such proceedings.
(2) **Notice of change in time or place of proceedings**
(A) *In general* — In removal proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), in the case of any change or postponement in the time and place of such proceedings, subject to subparagraph (B) a written notice shall be given in person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any) specifying—
(i) the new time or place of the proceedings, and
(ii) the consequences under [section 1229a(b)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a/b/5&num=0&edition=prelim) of failing, except under exceptional circumstances, to attend such proceedings.
(B) *Exception* — In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under paragraph (1)(F).
(3) **Central address files** — The Attorney General shall create a system to record and preserve on a timely basis notices of addresses and telephone numbers (and changes) provided under paragraph (1)(F).
**(b) Securing of counsel**
(1) **In general** — In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), the hearing date shall not be scheduled earlier than 10 days after the service of the notice to appear, unless the alien requests in writing an earlier hearing date.
(2) **Current lists of counsel** — The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent pro bono aliens in proceedings under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim). Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available.
(3) **Rule of construction** — Nothing in this subsection may be construed to prevent the Attorney General from proceeding against an alien pursuant to [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim) if the time period described in paragraph (1) has elapsed and the alien has failed to secure counsel.
**(c) Service by mail** Service by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F).
**(d) Prompt initiation of removal**
(1) In the case of an alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as expeditiously as possible after the date of the conviction.
(2) Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.
**(e) Certification of compliance with restrictions on disclosure**
(1) **In general** — In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of [section 1367 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1367&num=0&edition=prelim) have been complied with.
(2) **Locations** — The locations specified in this paragraph are as follows:
(A) At a domestic violence shelter, a rape crisis center, supervised visitation center, family justice center, a victim services, or victim services provider, or a community-based organization.
(B) At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing in connection with a protection order case, child custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the alien has been battered or subject to extreme cruelty or if the alien is described in subparagraph (T) or (U) of [section 1101(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $2,000 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may b
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)—
(1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.] using information furnished solely by—
(A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty,
(B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty,
(C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty),
(D) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty,
(E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(U)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/U&num=0&edition=prelim)], the perpet
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1367
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proceeding**
(1) **In general** — An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien.
(2) **Charges** — An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) or any applicable ground of deportability under [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim).
(3) **Exclusive procedures** — Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to [section 1228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1228&num=0&edition=prelim).
**(b) Conduct of proceeding**
(1) **Authority of immigration judge** — The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.
(2) **Form of proceeding**
(A) *In general* — The proceeding may take place—
(i) in person,
(ii) where agreed to by the parties, in the
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Federal law — U.S. Code and appendices · legal_authorities
Not later than 7 days after December 20, 2019, and updated semimonthly thereafter, the Director of U.S. Immigration and Customs Enforcement shall make available a report, on a publicly accessible website in a downloadable, searchable, and sortable format, with not less than the previous twelve months of semimonthly data as of the last date of each such reporting period; on—
(1) aliens detained by such agency, including data disaggregated by single adults and members of family units on—
(A) the average fiscal year-to-date daily populations of aliens detained;
(B) the daily count of aliens detained;
(C) the fiscal year-to-date total for book-ins;
(D) the average lengths of stay, including average post-determination length of stay in the case of detainees described in subparagraph (F);
(E) the number transferred to the custody of U.S. Immigration and Customs Enforcement by U.S. Customs and Border Protection after being—
(i) deemed inadmissible at a port of entry or after being apprehended within 14 days of entering the United States; or
(ii) arrested by U.S. Immigration and Customs Enforcement;
(F) the number determined to have a credible or reasonable fear of—
(i) persecution, as defined in [section 1225(b)(1)(B)(v) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1225/b/1/B/v&num=0&edition=prelim); or
(ii) torture, as defined in section 208.30 of title 8, Code of Federal Regulations (as in effect on January 1, 2018); and
(G) the number who have been issued a Notice to Appear pursuant to [section 1229 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229&num=0&edition=prelim), disaggregated by single adults and members of family units; 11 See Additio
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Federal law — U.S. Code and appendices · legal_authorities
Page 312
TITLE 8—ALIENS AND NATIONALITY
§ 1229
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENTS
Pub. L. 104–208, div. C, title III, § 304(c)(2), Sept. 30,
1996, 110 Stat. 3009–597, provided that: ‘‘The amend-
ments made by paragraph (1) [amending this section]
shall be effective as if included in the enactment of sec-
tion 442(a) of Public Law 104–132.’’
Amendment
by
section
308(b)(5),
(c)(1),
(4)(A),
(e)(1)(F), (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D),
(10)(H) of Pub. L. 104–208 effective, with certain transi-
tional provisions, on the first day of the first month be-
ginning more than 180 days after Sept. 30, 1996, see sec-
tion 309 of Pub. L. 104–208, set out as a note under sec-
tion 1101 of this title.
Pub. L. 104–208, div. C, title III, § 306(d), Sept. 30, 1996,
110 Stat. 3009–612, provided that the amendment made
by section 306(d) is effective as if included in the enact-
ment of the Antiterrorism and Effective Death Penalty
Act of 1996, Pub. L. 104–132.
Pub. L. 104–208, div. C, title III, § 374(c), Sept. 30, 1996,
110 Stat. 3009–648, provided that: ‘‘The amendment
made by subsection (a)(2) [amending this section] shall
be effective as if included in the enactment of section
224(a) of the Immigration and Nationality Technical
Corrections Act of 1994 [Pub. L. 103–416].’’
Amendment by section 671(b)(13) of Pub. L. 104–208 ef-
fective as if included in the enactment of the Immigra-
tion and Nationality Technical Corrections Act of 1994,
Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208,
set out as a note under section 1101 of this title.
Amendment by section 671(c)(5), (6) of Pub. L. 104–208
effective as if included in the enactment of subtitle A
of title IV of the Antiterrorism and Effectiv
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