C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 1240—PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES › Subpart D—Exclusion of Aliens (for Proceedings Commenced Prior to April 1, 1997)

8 C.F.R. § 1240.30

Proceedings prior to April 1, 1997

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Subpart D of 8 CFR part 240 applies to exclusion proceedings commenced prior to April 1, 1997, pursuant to the former section 236 of the Act. An exclusion proceeding is commenced by the filing of Form I-122 with the Immigration Court, and an alien is considered to be in exclusion proceedings only upon such filing. All references to the Act contained in this subpart are references to the Act in effect prior to April 1, 1997.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2004–2023 · leading case: Jin Zhu S-Cheng v. John Ashcroft, Attorney Gen. of the United States, 380 F.3d 320 (8th Cir. 2004).
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Jin Zhu S-Cheng v. John Ashcroft, Attorney Gen. of the United States, 380 F.3d 320 (8th Cir. 2004). “In essence, she wishes to invade the prosecutorial discretion of the agency and determine herself how the agency should proceed against her.”
Chen v. Garland (2d Cir. 2021). “See 8 C.F.R. § 1240.30 (“An 13 exclusion proceeding is commenced by the filing of Form I– 14 122 with the Immigration Court.”
Wong v. Garland (2d Cir. 2021). “See 8 C.F.R. § 1240.30 6 (“An exclusion proceeding is commenced by the filing of Form 7 I–122 with the Immigration Court.”
Wan Lin v. Merrick Garland (9th Cir. 2023). “§ 1226 (a) (1988) (information regarding conduct of exclusion proceedings, referring to regulations); 8 C.F.R. § 1240.30 (“An exclusion proceeding is commenced by the filing of Form I-122 with the Immigration Court, and an alien is considered to be in exclusion proceedings only…”
Jin Zhu S-Cheng v. John Ashcroft (8th Cir. 2004). “See 8 C.F.R. § 1240.30 (stating an alien is considered to be in exclusion proceedings only upon filing Form I-122 with the Immigration Court).”
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