8 C.F.R. § 239.1

Notice to appear

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(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);

(3) Chief patrol agents;

(4) Deputy chief patrol agents;

(5) Division chiefs;

(6) Assistant chief patrol agents;

(7) Patrol agents in charge;

(8) Deputy patrol agents in charge;

(9) Border patrol watch commanders;

(10) Special operations supervisors;

(11) Supervisory border patrol agents;

(12) Directors of air operations;

(13) Directors of marine operations;

(14) Supervisory air and marine interdiction agents;

(15) Service center directors;

(16) Deputy service center directors;

(17) Assistant service center directors for examinations;

(18) Supervisory immigration services officers;

(19) Supervisory immigration officers;

(20) Supervisory asylum officers;

(21) Officers in charge (except foreign);

(22) Assistant officers in charge (except foreign);

(23) Special agents in charge;

(24) Deputy special agents in charge;

(25) Associate special agents in charge;

(26) Assistant special agents in charge;

(27) Resident agents in charge;

(28) Supervisory special agents;

(29) Directors of investigations;

(30) District directors for interior enforcement;

(31) Deputy or assistant district directors for interior enforcement;

(32) Director of enforcement and removal operations;

(33) Field office directors;

(34) Deputy field office directors;

(35) Supervisory deportation officers;

(36) Supervisory detention and deportation officers;

(37) Directors or officers in charge of detention facilities;

(38) Directors of field operations;

(39) Assistant directors of field operations;

(40) Port directors;

(41) Assistant port directors;

(42) Field operations watch commanders;

(43) Field operations chiefs;

(44) Unit Chief, Law Enforcement Support Center;

(45) Section Chief, Law Enforcement Support Center; or

(46) Other duly authorized officers or employees of the Department of Homeland Security or of the United States who are delegated the authority as provided by 8 CFR 2.1 to issue notices to appear, and who have successfully completed any required immigration law enforcement training.

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

[68 FR 35275, June 13, 2003, as amended at 70 FR 67089, Nov. 4, 2005; 81 FR 62355, Sept. 9, 2016]

Notes of Decisions

Cited in 55 cases (8 in the last 5 years), 1999–2026 · leading case: Arizona v. United States, 132 S. Ct. 2492 (2012).

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Arizona v. United States, 132 S. Ct. 2492 (2012). · cites it 2× “§1229 (a); 8 CFR §239.1 (a) (2012). The form does not authorize an arrest.”

Shweta Kohli v. Alberto R. Gonzales, Attorney Gen., 473 F.3d 1061 (9th Cir. 2007). · cites it 3× “3 Thus, the issuance of a NTA pursuant to 8 C.F.R. § 239.1 (a) does not create jurisdiction in the Immigration Court.”

Watson v. United States, 865 F.3d 123 (2d Cir. 2017). · cites it 2× “See 8 C.F.R. 239.1 (listing executive branch officers authorized to issue Notices to Appear).”

Salustia Cortez-Felipe v. Immigr. & Naturalization Serv., 245 F.3d 1054 (9th Cir. 2001). · cites it 2× “8 C.F.R. § 239.1 (a). In either case, proceedings commence and jurisdiction vests with the IJ upon filing of the charging document.”

Alma Delia Jimenez-Angeles v. John Ashcroft, Attorney Gen., 291 F.3d 594 (9th Cir. 2002). “” 8 C.F.R. § 239.1 (a) (2002) (emphasis added).”

Ali v. Gonzales, 435 F.3d 544 (5th Cir. 2006). · cites it 4× “See 8 C.F.R. § 239.1 (indicating those officials authorized to issue a notice to appear).”

Rafael Medina v. United States of Am., No. 00-2156, 259 F.3d 220 (4th Cir. 2001). “See 8 C.F.R. § 239.1 (a)(3) (authorization for Assistant Director to issue arrest warrants).”

Avetisyan, 25 I. & N. Dec. 688 (BIA 2012). “See 8 C.F.R. § 239.1 (a) (2011); see also 8 C.”

Detroit Free Press v. John Ashcroft, 303 F.3d 681 (6th Cir. 2002). “Consistent with the adversarial nature of judicial proceedings, a deportation proceeding is commenced with a “Notice to Appear,” see 8 C.F.R. § 239.1 , a charging document or complaint-like pleading, which vests jurisdiction with the immigration court.”

Jose Bedolla Avila v. Attorney Gen. United States, 826 F.3d 662 (3rd Cir. 2016). “Bedolla next looks to the regulations at 8 C.F.R. §§ 239.1 and 239.2, which govern the issuance and cancellation of a notice to appear, the document that triggers proceedings before an Immigration Judge.”

R-t-p, 28 I. & N. Dec. 828 (BIA 2024). · cites it 9× “The types of DHS officers who can issue notices to appear are specifically determined by 8 C.F.R. § 239.1 (a) (2024). The regulation specifically lists 45 different types of officers authorized to issue a notice to appear and provides that this authority can be delegated under 8…”

Mohammed Shawkat Haider v. Alberto Gonzales, Attorney Gen. of the United States of Am., 1, 438 F.3d 902 (8th Cir. 2006). “To fill in the blanks, regulations authorize which immigration officers may serve an NTA, 8 C.F.R. § 239.1 (2005), providing “the time, place and date of the initial removal hearing, where practicable,” id.”

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— 8 C.F.R. § 239.1(a) — 2 cases

Gomez (D. Ariz. 2025).

Bazan-Huerta v. Blanche (9th Cir. 2026).

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