---
kind: "section"
citation: "8 U.S.C. § 1229"
title: "8"
title_heading: "Aliens and Nationality"
number: "1229"
heading: "Initiation of removal proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/8/1229"
units:
  - "Chapter 12 — Immigration and Nationality"
  - "Subchapter II — Immigration"
  - "Part IV — Inspection, Apprehension, Examination, Exclusion, and Removal"
---

# §1229. Initiation of removal proceedings

- (a) **Notice to appear—**
  - (1) **In general—** In removal proceedings under [section 1229a of this title](/usc/8/1229a.md), written notice (in this section referred to as a “notice to appear”) shall be given in [person](/usc/8/1101.md?p=b-3) to the [alien](/usc/8/1101.md?p=a-3) (or, if personal [service](/usc/8/1101.md?p=a-34) is not practicable, through [service](/usc/8/1101.md?p=a-34) by mail to the [alien](/usc/8/1101.md?p=a-3) or to the [alien](/usc/8/1101.md?p=a-3)’s counsel of record, if any) specifying the following:
    - (A) The nature of the proceedings against the [alien](/usc/8/1101.md?p=a-3).
    - (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](/usc/8/1101.md?p=a-3) and the statutory provisions alleged to have been violated.
    - (E) The [alien](/usc/8/1101.md?p=a-3) may be represented by counsel and the [alien](/usc/8/1101.md?p=a-3) will be provided (i) a period of time to secure counsel under subsection [(b)(1)](#b-1) and (ii) a current list of counsel prepared under [subsection (b)(2)](#b-2).
    - (F)
      - (i) The requirement that the [alien](/usc/8/1101.md?p=a-3) must immediately provide (or have provided) the [Attorney General](/usc/8/1101.md?p=a-5) with a written record of an address and telephone number (if any) at which the [alien](/usc/8/1101.md?p=a-3) may be contacted respecting proceedings under [section 1229a of this title](/usc/8/1229a.md).
      - (ii) The requirement that the [alien](/usc/8/1101.md?p=a-3) must provide the [Attorney General](/usc/8/1101.md?p=a-5) immediately with a written record of any change of the [alien](/usc/8/1101.md?p=a-3)’s address or telephone number.
      - (iii) The consequences under [section 1229a(b)(5) of this title](/usc/8/1229a.md?p=b-5) 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](/usc/8/1229a.md?p=b-5) 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](/usc/8/1229a.md), in the case of any change or postponement in the time and place of such proceedings, subject to [subparagraph (B)](#a-2-B) a written notice shall be given in [person](/usc/8/1101.md?p=b-3) to the [alien](/usc/8/1101.md?p=a-3) (or, if personal [service](/usc/8/1101.md?p=a-34) is not practicable, through [service](/usc/8/1101.md?p=a-34) by mail to the [alien](/usc/8/1101.md?p=a-3) or to the [alien](/usc/8/1101.md?p=a-3)’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](/usc/8/1229a.md?p=b-5) of failing, except under exceptional circumstances, to attend such proceedings.
    - (B) **Exception—** In the case of an [alien](/usc/8/1101.md?p=a-3) not in detention, a written notice shall not be required under this paragraph if the [alien](/usc/8/1101.md?p=a-3) has failed to provide the address required under [paragraph (1)(F)](#a-1-F).
  - (3) **Central address files—** The [Attorney General](/usc/8/1101.md?p=a-5) 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)](#a-1-F).
- (b) **Securing of counsel—**
  - (1) **In general—** In order that an [alien](/usc/8/1101.md?p=a-3) be permitted the opportunity to secure counsel before the first hearing date in proceedings under [section 1229a of this title](/usc/8/1229a.md), the hearing date shall not be scheduled earlier than 10 days after the [service](/usc/8/1101.md?p=a-34) of the notice to appear, unless the [alien](/usc/8/1101.md?p=a-3) requests in writing an earlier hearing date.
  - (2) **Current lists of counsel—** The [Attorney General](/usc/8/1101.md?p=a-5) shall provide for lists (updated not less often than quarterly) of [persons](/usc/8/1101.md?p=b-3) who have indicated their availability to represent pro bono [aliens](/usc/8/1101.md?p=a-3) in proceedings under [section 1229a of this title](/usc/8/1229a.md). Such lists shall be provided under [subsection (a)(1)(E)](#a-1-E) and otherwise made generally available.
  - (3) **Rule of construction—** Nothing in this subsection may be construed to prevent the [Attorney General](/usc/8/1101.md?p=a-5) from proceeding against an [alien](/usc/8/1101.md?p=a-3) pursuant to [section 1229a of this title](/usc/8/1229a.md) if the time period described in [paragraph (1)](#b-1) has elapsed and the [alien](/usc/8/1101.md?p=a-3) has failed to secure counsel.
- (c) **Service by mail—** [Service](/usc/8/1101.md?p=a-34) by mail under this section shall be sufficient if there is proof of attempted delivery to the last address provided by the [alien](/usc/8/1101.md?p=a-3) in accordance with [subsection (a)(1)(F)](#a-1-F).
- (d) **Prompt initiation of removal—**
  - (1) In the case of an [alien](/usc/8/1101.md?p=a-3) who is convicted of an offense which makes the [alien](/usc/8/1101.md?p=a-3) deportable, the [Attorney General](/usc/8/1101.md?p=a-5) shall begin any removal proceeding as expeditiously as possible after the date of the [conviction](/usc/8/1101.md?p=a-48-A).
  - (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](/usc/8/1101.md?p=a-38) or its agencies or officers or any other [person](/usc/8/1101.md?p=b-3).
- (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](/usc/8/1101.md?p=a-3) at any of the locations specified in [paragraph (2)](#e-2), the Notice to Appear shall include a statement that the provisions of [section 1367 of this title](/usc/8/1367.md) 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](/usc/8/1101.md?p=a-34), or victim [services](/usc/8/1101.md?p=a-34) provider, or a community-based [organization](/usc/8/1101.md?p=a-28).
    - (B) At a courthouse (or in connection with that appearance of the [alien](/usc/8/1101.md?p=a-3) at a courthouse) if the [alien](/usc/8/1101.md?p=a-3) is appearing in connection with a protection order case, [child](/usc/8/1101.md?p=b-1) custody case, or other civil or criminal case relating to domestic violence, sexual assault, trafficking, or stalking in which the [alien](/usc/8/1101.md?p=a-3) has been battered or subject to extreme cruelty or if the [alien](/usc/8/1101.md?p=a-3) is described in subparagraph (T) or (U) of [section 1101(a)(15) of this title](/usc/8/1101.md?p=a-15).

## Source credit

(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.)

## Notes

### 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: In general.—With regards to an individual, an immigration officer shall take into consideration evidence of military service by that individual in determining whether— 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 to execute a final order of removal regarding that individual. Definitions.—In this subsection: 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. 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.).”