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Title 8, Aliens and NationalityRelease 119-110

§1229 Initiation of Removal Proceedings

Title 8 › CHAPTER 12 — IMMIGRATION AND NATIONALITY › SUBCHAPTER II — IMMIGRATION › Part IV — Inspection, Apprehension, Examination, Exclusion, and Removal › § 1229

Last updated Sep 22, 2026|Official source

Summary

The government must give a noncitizen a written notice to appear for removal (deportation) proceedings. The notice should be handed to the person in person, or mailed if in-person delivery is not practical. It must say what the case is about, what law the government is using, what actions are alleged, what charges are being made, when and where the hearing will be, and that the person may have a lawyer. The notice must tell the person they have time to get a lawyer before the first hearing and must include a current list of pro bono lawyers. The notice must also tell the person to give the Attorney General a written address and phone number now and immediately if those change, and it must warn about the consequences under section 1229a(b)(5) if the person does not give or update this information or fails to show up for a hearing. If the time or place of a hearing changes, the government must give a new written notice unless the person is not detained and did not give an address. The Attorney General must keep a timely record of addresses and changes. A first hearing cannot be set earlier than 10 days after the notice is served unless the person asks for an earlier date. Lists of pro bono lawyers must be updated at least quarterly. Mail delivery counts if there is proof an attempt was made to the last address the person gave. For someone convicted of a deportable crime, the Attorney General must start removal proceedings as quickly as possible after the conviction. If enforcement happened at certain sensitive places (like shelters, rape crisis centers, victim-service groups, or certain courthouse appearances), the notice must say that the protections in section 1367 were followed.

Full Legal Text

Title 8, §1229

Aliens and Nationality, Source: USLM XML via OLRC

(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
In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under paragraph (1)(F).
(3)Central address files
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).
(b)Securing of counsel
(1)In general
In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under section 1229a 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.
(2)Current lists of counsel
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 1229a of this title. Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available.
(3)Rule of construction
Nothing in this subsection may be construed to prevent the Attorney General from proceeding against an alien pursuant to section 1229a of this title if the time period described in paragraph (1) has elapsed and the alien has failed to secure counsel.
(c)Service by mail
Service by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the alien in accordance with subsection (a)(1)(F).
(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
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 1367 of this title have been complied with.
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A 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 section 1224 of 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 Amendment Pub. 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.”

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 section 1101 of this title. Abolition of Immigration and Naturalization Service and

Transfer of Functions

For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of this title. Consideration of Military Service in Removal Determinations Pub. 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 (8 U.S.C. 1101 et seq.).”

Reference

Citations & Metadata

Citation

8 U.S.C. § 1229

Title 8, Aliens and Nationality

Last Updated

Sep 22, 2026

Release point: 119-110