C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE › Subpart S—Immigration and Naturalization Service

28 C.F.R. § 0.105

General functions

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The Commissioner of the Immigration and Naturalization Service shall:

(a) Subject to limitations contained in section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) and excepting the authority delegated to the Executive Office for Immigration Review, the Board of Immigration Appeals, the Office of the Chief Immigration Judge, Immigration Judges, and the Office of the Chief Administrative Hearing Officer, administer and enforce the Immigration and Nationality Act and all other laws relating to immigration (including but not limited to admission, exclusion, and deportation), naturalization, and nationality. Nothing in this paragraph shall be construed to authorize the Commissioner of Immigration and Naturalization to supervise the litigation of or to approve the filing of records on review, appeals, or petitions for writs of certiorari or to intervene or have independent representation in cases under the immigration and nationality laws except as provided in paragraph (e) of this section.

(b) For the purposes of paragraph (a) of this section, and as limited therein, exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by the laws mentioned in that paragraph, including the authority to issue regulations.

(c) Investigate alleged violations of the immigration and nationality laws, and make recommendations for prosecutions when deemed advisable.

(d) Patrol the borders of the United States to prevent the entry of aliens into the United States in violation of law.

(e) Supervise naturalization work in the specific courts designated by section 310 of the Immigration and Nationality Act (8 U.S.C. 1421) to have jurisdiction in such matters, including the requiring of accountings from the clerks of such courts for naturalization fees collected, investigation through field officers of the qualifications of citizenship applicants, and representation of the Government at all court hearings.

(f) Cooperate with the public schools in providing citizenship textbooks and other services for the preparation of candidates for naturalization.

(g) Register and fingerprint aliens in the United States, as required by section 262 of the Immigration and Nationality Act (8 U.S.C. 1304).

(h) Prepare reports on private bills pertaining to immigration matters.

(i) Designate within the Immigration and Naturalization Service a certifying officer, and an alternate, to certify copies of documents issued by the Commissioner, or his designee, which are required to be filed with the Office of the Federal Register.

(j) Direct officers and employees of the Immigration and Naturalization Service, assigned to accompany commercial aircraft, to perform the functions of a U.S.C. deputy marshal as a peace officer, in particular those set forth in 28 U.S.C. 570 and 18 U.S.C. 3053: (1) While aboard any aircraft to which they have been assigned, or (2) while within the general vicinity of such aircraft so long as it is within the jurisdiction of the United States. Such functions shall be in addition to those vested in such officers and employees pursuant to law.

(k) Insure that a copy of any asylum application filed with INS shall be sent simultaneously to the Asylum Policy and Review Unit and to the Bureau of Human Rights and Humanitarian Affairs at the Department of State.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 445-70, 35 FR 19397, Dec. 23, 1970; Order No. 699-77, 42 FR 15315, Mar. 21, 1977; Order No. 960-81, 46 FR 52348, Oct. 27, 1981; Order No. 998-83, 48 FR 8056, Feb. 25, 1983; Order No. 1176-87, 52 FR 11044, Apr. 7, 1987; Order No. 1237-87, 52 FR 44971, Nov. 24, 1987; Order No. 1245-87, 52 FR 48998, Dec. 29, 1987]
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1970–2026 · leading case: City of El Centro v. The United States, 922 F.2d 816 (Fed. Cir. 1990).
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City of El Centro v. The United States, 922 F.2d 816 (Fed. Cir. 1990). “§ 1103 (a) (1988); 28 C.F.R. § 0.105 (1990); 8 C.F.R. § 100.”
Carmelo Hernandez v. Lee G. Cremer, Etc., U.S. Immigr. & Naturalization Serv., & U.S. Dep't of Just., 913 F.2d 230 (5th Cir. 1990). · cites it 2× “2 (a) provides that the “Attorney General has delegated to the [INS] Commissioner .”
The Sweet Life v. Elizabeth Dole, Sec'y of Labor, 876 F.2d 402 (5th Cir. 1989). · cites it 2× “as prescribed and limited by 28 CFR § 0.105 et seq.” 8 CFR § 100.2 (a) (1988).”
Diaz v. Immigr. & Naturalization Serv., 648 F. Supp. 638 (E.D. Cal. 1986). “” 28 C.F.R. § 0.105 (b) (1985). 12 . Neither party claims that the regulations were improperly promulgated.”
Sannon v. United States, 460 F. Supp. 458 (S.D. Fla. 1978). “1103) 28 CFR 0.105(b) and 8 CFR 2.1. Compliance with the provisions of section 553 of Title 5 of the United States Code as to notice of proposed rulemaking and delayed effective date is unnecessary in this instance because the amendments relate to Service procedure and confer…”
Awad v. United States, 61 Fed. Cl. 281 (Fed. Cl. 2004). “§ 1421 (a); 28 C.F.R. § 0.105 (b) (delegating authority over citizenship matters to the Attorney General, who had further delegated the function to the Commissioner of the Immigration and Naturalization Service (INS) during the time when Plaintiff was seeking citizenship); 22 U.”
United States v. Perkins, 177 F. Supp. 2d 570 (W.D. Tex. 2001). “”); see also 28 C.F.R. § 0.105 (describing the INS’s function as administrator and enforcer of U.”
Kwun, 13 I. & N. Dec. 457 (BIA 1970). “We agree that only the Attorney General an alter the Board's appellate jurisdiction (see 28 CFR 0.105, ).115, 8 CFR 2.1), and that the 1969 amendments of the Service -egulations were not intended to affect any existing authority if the Board.”
Toscano-rivas, 14 I. & N. Dec. 523 (BIA 1973). “As noted above, the majority of the Board, in its original decision and on rehearing, rejected the position of the Service.”
Johns v. McKinley, 753 F.2d 1195 (2d Cir. 1985). · cites it 2× “See 28 C.F.R. §§ 0.105 (a) and (b) (1984) (INS Commissioner shall "exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by [ 8 U.”
Haddam v. Reno, 54 F. Supp. 2d 602 (E.D. Va. 1999). “2 (a) ("The Attorney General has delegated to the Commissioner, the principal officer of the Immigration and Naturalization Service, authority to administer and enforce the Immigration and Nationality Act and all other laws relating to immigration, naturalization, and…”
United States v. Tehrani, 826 F. Supp. 789 (D. Vt. 1993). · cites it 2× “2 (1993); 28 C.F.R. §§ 0.105 (1992). Federal statutory law grants INS officers, such as Border Patrol agents, the power to arrest aliens without a warrant upon a reasonable belief that those aliens are in violation of immigration laws and are likely to escape before a warrant…”
Show all 15 citing cases →
— 28 C.F.R. § 0.105(a) — 1 case
Auth. to Obtain & Share Statewide Voter Roll Data (OLC 2026).
— 28 C.F.R. § 0.105(b) — 2 cases
Sannon v. United States, 460 F. Supp. 458 (S.D. Fla. 1978). “1103) 28 CFR 0.105(b) and 8 CFR 2.1. Compliance with the provisions of section 553 of Title 5 of the United States Code as to notice of proposed rulemaking and delayed effective date is unnecessary in this instance because the amendments relate to Service procedure and confer…”
Toscano-rivas, 14 I. & N. Dec. 523 (BIA 1973). “As noted above, the majority of the Board, in its original decision and on rehearing, rejected the position of the Service.”
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