239.1—Notice to appear.
(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);
(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;
(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;
(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.
Code of Federal Regulations
[68 FR 35275, June 13, 2003, as amended at 70 FR 67089, Nov. 4, 2005]