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 E—Proceedings To Determine Deportability of Aliens in the United States: Hearing and Appeal (for Proceedings Commenced Prior to April 1, 1997)

8 C.F.R. § 1240.40

Proceedings commenced prior to April 1, 1997

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Subpart E of 8 CFR part 1240 applies only to deportation proceedings commenced prior to April 1, 1997. A deportation proceeding is commenced by the filing of Form I-221 (Order to Show Cause) with the Immigration Court, and an alien is considered to be in deportation proceedings only upon such filing, except in the case of an alien admitted to the United States under the provisions of section 217 of the Act. All references to the Act contained in this subpart pertain to the Act as in effect prior to April 1, 1997.

Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: Ileana Martinez-Garcia v. John Ashcroft, Attorney Gen., 366 F.3d 732 (9th Cir. 2004).
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Ileana Martinez-Garcia v. John Ashcroft, Attorney Gen., 366 F.3d 732 (9th Cir. 2004). “” Title 8 C.F.R. § 1240.40 , applicable to proceedings commenced prior to IIRIRA’s effective date provides: A deportation proceeding is commenced by the filing of Form 1-221 (Order to Show Cause) with the Immigration Court, and an alien is considered to be in deportation…”
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