In removal proceedings under section person to the alien (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any) specifying the following:of this title, written notice (in this section referred to as a "notice to appear") shall be given in
The Attorney General shall create a system to record and preserve on a timely basis notices of addresses and telephone numbers (and changes) provided under paragraph (1)(F).
In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under section of this title, the hearing date shall not be scheduled earlier than 10 days after the service of the notice to appear, unless the alien requests in writing an earlier hearing date.
The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent pro bono aliens in proceedings under section of this title. Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available.
Nothing in this subsection may be construed to prevent the Attorney General from proceeding against an alien pursuant to section of this title if the time period described in paragraph (1) has elapsed and the alien has failed to secure counsel.
In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of section of this title have been complied with.
The locations specified in this paragraph are as follows:
8 U.S.C. § 1229
June 27, 1952, ch. 477, title II, ch. 4, §239, as added Pub. L. 104-208, div. C, title III, §304(a)(3), Sept. 30, 1996, 110 Stat. 3009-587; amended Pub. L. 109-162, title VIII, §825(c)(1), Jan. 5, 2006, 119 Stat. 3065; Pub. L. 109-271, §6(d), Aug. 12, 2006, 120 Stat. 763.
PRIOR PROVISIONSA prior section 1229, act June 27, 1952, ch. 477, title II, ch. 4, §239, 66 Stat. 203, as amended, which related to designation of ports of entry for aliens arriving by aircraft, was renumbered section 234 of act June 27, 1952, by Pub. L. 104-208, div. C, title III, §304(a)(1), Sept. 30, 1996, 110 Stat. 3009-587, and was transferred to sectionof this title.
AMENDMENTS 2006-Subsec. (e). Pub. L. 109-162 added subsec. (e).Subsec. (e)(2)(B). Pub. L. 109-271 substituted "(U)" for "(V)".
EFFECTIVE DATE OF 2006 AMENDMENTPub. L. 109-162, title VIII, §825(c)(2), Jan. 5, 2006, 119 Stat. 3065, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on the date that is 30 days after the date of the enactment of this Act [Jan. 5, 2006] and shall apply to apprehensions occurring on or after such date."
EFFECTIVE DATESection effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as an Effective Date of 1996 Amendments note under sectionof this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section of this title.
CONSIDERATION OF MILITARY SERVICE IN REMOVAL DETERMINATIONSPub. L. 116-92, div. A, title V, §570B(b), Dec. 20, 2019, 133 Stat. 1399, provided that:"(1) IN GENERAL.-With regards to an individual, an immigration officer shall take into consideration evidence of military service by that individual in determining whether-"(A) to issue to that individual a notice to appear in removal proceedings, an administrative order of removal, or a reinstatement of a final removal order; and"(B) to execute a final order of removal regarding that individual."(2) DEFINITIONS.-In this subsection:"(A) The term 'evidence of service' means evidence that an individual served as a member of the Armed Forces, and the characterization of each period of service of that individual in the Armed Forces."(B) The term 'immigration officer' has the meaning given that term in section 101 of the Immigration and Nationality Act ( et seq.)."
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- The term "alien" means any person not a citizen or national of the United States.
- The term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where- (i) a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii) the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed.
- immigration officer
- The term "immigration officer" means any employee or class of employees of the Service or of the United States designated by the Attorney General, individually or by regulation, to perform the functions of an immigration officer specified by this chapter or any section of this title.
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.
- The term "person" means an individual or an organization.