C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1239—INITIATION OF REMOVAL PROCEEDINGS

8 C.F.R. § 1239.1

Notice to appear

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(a) Commencement. Every removal proceeding conducted under section 240 of the Act (8 U.S.C. 1229a) to determine the deportability or inadmissibility of an alien is commenced by the filing of a notice to appear with the immigration court. For provisions relating to the issuance of a notice to appear by an immigration officer, or supervisor thereof, see 8 CFR 239.1(a).

(b) Service of notice to appear. Service of the notice to appear shall be in accordance with section 239 of the Act.

[62 FR 10366, Mar. 6, 1997, as amended at 67 FR 39258, June 7, 2002; 69 FR 44907, July 28, 2004]
Notes of Decisions
Cited in 43 cases (12 in the last 5 years), 2003–2025 · leading case: Mario Ortiz-Santiago v. William P. Barr, 924 F.3d 956 (7th Cir. 2019).
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Mario Ortiz-Santiago v. William P. Barr, 924 F.3d 956 (7th Cir. 2019). · cites it 2× “13 defines a charging document as one of several forms, among which is a Notice; and 8 C.F.R. § 1239.1 specifies that a Notice is the only way to begin a removal proceeding.”
Seanlim Yith v. Kirstjen Nielsen, 881 F.3d 1155 (9th Cir. 2018). · cites it 2× “; 8 C.F.R. § 1239.1 (a) (“Every removal proceeding conducted under section 240 of the Act (8 U.”
Samayoa-Martinez v. Holder, 558 F.3d 897 (9th Cir. 2009). · cites it 2× “8 C.F.R. § 1239.1 (a) (“Every removal proceeding conducted under section 240 of the Act (8 U.”
Öztürk v. Hyde, 136 F.4th 382 (2d Cir. 2025). “§ 1229 (a); 8 C.F.R. § 1239.1 . But ICE detained Öztürk before an NTA was filed with the immigration court.”
Shweta Kohli v. Alberto R. Gonzales, Attorney Gen., 473 F.3d 1061 (9th Cir. 2007). “” 8 C.F.R. § 1239.1 (a). A regulation further provides that this notice shall be given in accordance with 8 C.”
Vera Punin v. Garland, 108 F.4th 114 (2d Cir. 2024). “See 8 C.F.R. § 1239.1 (a). The NTA charged Vera Punin with removability under 8 U.”
W.G.A. v. Sessions, 900 F.3d 957 (7th Cir. 2018). “Petitioner's mother was so frightened by the threats that she arranged for her other teenage son, J.R.”
Avetisyan, 25 I. & N. Dec. 688 (BIA 2012). “§ 1229 (2006); 8 C.F.R. § 1239.1 (2011). Prior to the commencement of proceedings, the DHS may cancel a notice to appear for specified reasons.”
Samuel Dacostagomez-Aguilar v. U.S. Attorney Gen., 40 F.4th 1312 (11th Cir. 2022). “§ 1229(a)(1); 8 C.F.R. § 1239.1 (a). Paragraph (2) notice is issued at a later point, if the time or place of the proceedings changes, or if the proceedings extend to another hearing.”
Oliva-Ramos v. Attorney Gen. of the United States, 694 F.3d 259 (3rd Cir. 2012). “See 8 C.F.R. § 1239.1 (a) (“Every removal proceeding conducted under section 240 of the Act (8 U.”
Mohammad Hussain v. Keisler, 505 F.3d 779 (7th Cir. 2007). “According to Hus-sain’s motion to remand filed with the BIA, it was not until April 23, 2003, that Hussain voluntarily appeared to provide information pursuant to NSEERS.”
Javier Chavez Gonzalez v. Merrick Garland, 16 F.4th 131 (4th Cir. 2021). “2 (a), (c); see also 8 C.F.R. § 1239.1 . Id. at 466–67 (some citations omitted).”
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— 8 C.F.R. § 1239.1(a) — 1 case
Samuel (D. Minnesota 2025).
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