§1229 — Title 8 Aliens and Nationality | U.S. Code

Summary

When the government starts removal (deportation) proceedings, it must give the noncitizen a written "notice to appear" in person or by mail if in-person service isn’t practical. The notice must say what the case is about, the legal authority being used, what acts are alleged, the charges and laws involved, the time and place of the hearing, and that missing the hearing (except for exceptional cases) has legal consequences. The notice must also tell the person they can have a lawyer, that they get time to find one, and that the government will give a current list of free or pro bono lawyers. The person must give the Attorney General a written home address and phone number and must tell the Attorney General right away if those change. The government must keep a system to record those addresses and phone numbers. A first hearing cannot be set sooner than 10 days after the notice is served unless the person asks for an earlier date. The Attorney General must keep and share lists of lawyers who will help for free, updated at least every three months. If the person who was given an address later can’t be found, mail service is enough if there is proof an attempt was made to deliver to the last address the person gave. If someone is convicted of a crime that makes them removable, the Attorney General must start removal quickly after the conviction. If the enforcement action happened at certain victim service places or certain courthouse situations, the notice must say that the rules in section 1367 were followed.

Title 8, §1229

Aliens and Nationality — Source: USLM XML via OLRC

(a)(1)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)(A)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)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)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)(1)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)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)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 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)(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)(1)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)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.

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.).”

§1229 Initiation of Removal Proceedings

Summary

Title 8, §1229

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Effective Date

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Transfer of Functions

Transfer of Functions

Citations & Metadata