8 USC 1229 - Initiation of removal proceedings

U.S Code last checked for updates: Nov 25, 2024

§ 1229.

Initiation of removal proceedings

(a)

Notice to appear

(1)

In general

In removal proceedings under section 1229a of this title, written notice (in this section referred to as a “notice to appear”) shall be given in 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:

(A)

The nature of the proceedings against the alien.

(B)

The legal authority under which the proceedings are conducted.

(C)

The acts or conduct alleged to be in violation of law.

(D)

The charges against the alien and the statutory provisions alleged to have been violated.

(E)

The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel under subsection (b)(1) and (ii) a current list of counsel prepared under subsection (b)(2).

(F)

(i)

The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under section 1229a of this title.

(ii)

The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number.

(iii)

The consequences under section 1229a(b)(5) of this title of failure to provide address and telephone information pursuant to this subparagraph.

(G)

(i)

The time and place at which the proceedings will be held.

(ii)

The consequences under section 1229a(b)(5) of this title of the failure, except under exceptional circumstances, to appear at such proceedings.

(2)

Notice of change in time or place of proceedings

(A)

In general

In removal proceedings under section 1229a of this title, in the case of any change or postponement in the time and place of such proceedings, subject to subparagraph (B) a written notice shall be given in 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—

(i)

the new time or place of the proceedings, and

(ii)

the consequences under section 1229a(b)(5) of this title of failing, except under exceptional circumstances, to attend such proceedings.

(B)

Exception

(3)

Central address files

(b)

Securing of counsel

(1)

In general

(2)

Current lists of counsel

(3)

Rule of construction

(c)

Service by mail

(d)

Prompt initiation of removal

(1)

In the case of an alien who is convicted of an offense which makes the alien deportable, the Attorney General shall begin any removal proceeding as expeditiously as possible after the date of the conviction.

(2)

Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

(e)

Certification of compliance with restrictions on disclosure

(1)

In general

(2)

Locations

The locations specified in this paragraph are as follows:

(A)

At a domestic violence shelter, a rape crisis center, supervised visitation center, family justice center, a victim services, or victim services provider, or a community-based organization.

(B)

At a courthouse (or in connection with that appearance of the alien at a courthouse) if the alien is appearing in connection with a protection order case, child custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the alien has been battered or subject to extreme cruelty or if the alien is described in subparagraph (T) or (U) of section 1101(a)(15) of this title.

(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.)

cite as: 8 USC 1229