8 C.F.R. § 280.1

Notice of intention to fine; administrative proceedings not exclusive

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Whenever a district director or the Associate Commissioner for Examinations, or the Director for the National Fines Office has reason to believe that any person has violated any of the provisions of the Immigration and Nationality Act and has thereby become liable to the imposition of an administrative fine under the Immigration and Nationality Act, he shall cause a Notice of Intention to Fine, Form I-79, to be served as provided in this part. Nothing in this subchapter shall affect, restrict, or prevent the institution of a civil suit, in the discretion of the Attorney General, under the authority contained in section 280 of the Immigration and Nationality Act.

[22 FR 9807, Dec. 6, 1957, as amended at 54 FR 18649, May 2, 1989]
Notes of Decisions
Cited in 3 cases, 1980–2014 · leading case: Pollgreen v. Morris, 496 F. Supp. 1042 (S.D. Fla. 1980).
Pollgreen v. Morris, 496 F. Supp. 1042 (S.D. Fla. 1980). · cites it 2× “Noncompliance results in assessment of a $1000 penalty, to be imposed in accordance with the promulgated regulations at 8 C.F.R. §§ 280.1 , et seq. Under the statute, the penalty operates as a “lien upon the vessel.”
United States v. Sanchez, 520 F. Supp. 1038 (S.D. Fla. 1981). “See 8 C.F.R. § 280.1 et seq. Accordingly, the District Director of the INS determined that fines should be imposed and so notified the Defendants by mail at their last known addresses.”
Bimini Superfast Operations LLC v. Winkowski, 994 F. Supp. 2d 106 (D.D.C. 2014). “Defendants argue that the November 2013 letter cannot constitute a final agency action because “even if the letters contemplated enforcement actions, CBP has not initiated any such enforcement actions, which would be initiated by a Notice of Intention to Fine [pursuant to 8…”
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