---
kind: "section"
citation: "8 C.F.R. § 239.1"
title: "8"
number: "239.1"
heading: "Notice to appear."
url: "https://uscodex.org/cfr/8/239.1"
---

# §239.1. Notice to appear.

- (a) **Issuance of notice to appear.** Any immigration officer, or supervisor thereof, performing an inspection of an arriving alien at a port-of-entry may issue a notice to appear to such alien. In addition, the following officers, or officers acting in such capacity, may issue a notice to appear:
  - (1) District directors (except foreign);
  - (2) Deputy district directors (except foreign);
  - (3) Chief patrol agents;
  - (4) Deputy chief patrol agents;
  - (5) Division chiefs;
  - (6) Assistant chief patrol agents;
  - (7) Patrol agents in charge;
  - (8) Deputy patrol agents in charge;
  - (9) Border patrol watch commanders;
  - (10) Special operations supervisors;
  - (11) Supervisory border patrol agents;
  - (12) Directors of air operations;
  - (13) Directors of marine operations;
  - (14) Supervisory air and marine interdiction agents;
  - (15) Service center directors;
  - (16) Deputy service center directors;
  - (17) Assistant service center directors for examinations;
  - (18) Supervisory immigration services officers;
  - (19) Supervisory immigration officers;
  - (20) Supervisory asylum officers;
  - (21) Officers in charge (except foreign);
  - (22) Assistant officers in charge (except foreign);
  - (23) Special agents in charge;
  - (24) Deputy special agents in charge;
  - (25) Associate special agents in charge;
  - (26) Assistant special agents in charge;
  - (27) Resident agents in charge;
  - (28) Supervisory special agents;
  - (29) Directors of investigations;
  - (30) District directors for interior enforcement;
  - (31) Deputy or assistant district directors for interior enforcement;
  - (32) Director of enforcement and removal operations;
  - (33) Field office directors;
  - (34) Deputy field office directors;
  - (35) Supervisory deportation officers;
  - (36) Supervisory detention and deportation officers;
  - (37) Directors or officers in charge of detention facilities;
  - (38) Directors of field operations;
  - (39) Assistant directors of field operations;
  - (40) Port directors;
  - (41) Assistant port directors;
  - (42) Field operations watch commanders;
  - (43) Field operations chiefs;
  - (44) Unit Chief, Law Enforcement Support Center;
  - (45) Section Chief, Law Enforcement Support Center; or
  - (46) Other duly authorized officers or employees of the Department of Homeland Security or of the United States who are delegated the authority as provided by [8 CFR 2.1](/cfr/8/2.1.md) to issue notices to appear, and who have successfully completed any required immigration law enforcement training.
- (b) **Service of notice to appear.** Service of the notice to appear shall be in accordance with [section 239](/cfr/8/239.md) of the Act.

## Notes

### Amendments

[68 FR 35275, June 13, 2003, as amended at 70 FR 67089, Nov. 4, 2005; 81 FR 62355, Sept. 9, 2016]

### Authority

Authority: 8 U.S.C. 1103, 1221, 1229; Homeland Security Act of 2002, Public Law 107-296; 8 CFR part 2.

### Source

Source: 62 FR 10366, Mar. 6, 1997, unless otherwise noted.

### Amendments

[68 FR 35275, June 13, 2003, as amended at 70 FR 67089, Nov. 4, 2005; 81 FR 62355, Sept. 9, 2016]