---
kind: "section"
citation: "8 C.F.R. § 239.2"
title: "8"
number: "239.2"
heading: "Cancellation of notice to appear."
url: "https://uscodex.org/cfr/8/239.2"
---

# §239.2. Cancellation of notice to appear.

- (a) Any officer authorized by [§ 239.1(a)](/cfr/8/239.1.md?p=a) to issue a notice to appear may cancel such notice prior to jurisdiction vesting with the immigration judge pursuant to [§ 3.14](/cfr/8/3.14.md) of this chapter provided the officer is satisfied that:
  - (1) The respondent is a national of the United States;
  - (2) The respondent is not deportable or inadmissible under immigration laws;
  - (3) The respondent is deceased;
  - (4) The respondent is not in the United States;
  - (5) The notice was issued for the respondent's failure to file a timely petition as required by section 216(c) of the Act, but his or her failure to file a timely petition was excused in accordance with section 216(d)(2)(B) of the Act;
  - (6) The notice to appear was improvidently issued, or
  - (7) Circumstances of the case have changed after the notice to appear was issued to such an extent that continuation is no longer in the best interest of the government.
- (b) A notice to appear issued pursuant to section 235(b)(3) of the Act may be canceled under provisions in paragraphs [(a)(2)](#a-2) and [(a)(6)](#a-6) of this section only by the issuing officer, unless it is impracticable for the issuing officer to cancel the notice.
- (c) **Motion to dismiss.** After commencement of proceedings pursuant to [8 CFR 1003.14](/cfr/8/1003.14.md), ICE counsel, or any officer enumerated in [paragraph (a)](#a) of this section, may move for dismissal of the matter on the grounds set out under [paragraph (a)](#a) of this section.
- (d) **Motion for remand.** After commencement of the hearing, ICE counsel, or any officer enumerated in [paragraph (a)](#a) of this section may move for remand of the matter to district jurisdiction on the ground that the foreign relations of the United States are involved and require further consideration.
- (e) **Warrant of arrest.** When a notice to appear is canceled or proceedings are terminated under this section any outstanding warrant of arrest is canceled.

## Notes

### Amendments

[62 FR 10366, Mar. 6, 1997, as amended at 68 FR 35276, June 13, 2003]

### 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

[62 FR 10366, Mar. 6, 1997, as amended at 68 FR 35276, June 13, 2003]