§ Sec. 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) Assistant chief patrol agents;

(6) Patrol agents in charge;

(7) Assistant patrol agents in charge;

(8) Field operations supervisors;

(9) Special operations supervisors;

(10) Supervisory border patrol agents;

(11) Service center directors;

(12) Deputy service center directors;

(13) Assistant service center directors for examinations;

(14) Supervisory district adjudications officers;

(15) Supervisory asylum officers;

(16) Officers in charge (except foreign);

(17) Assistant officers in charge (except foreign);

(18) Special agents in charge;

(19) Deputy special agents in charge;

(20) Associate special agents in charge;

(21) Assistant special agents in charge;

(22) Resident agents in charge;

(23) Supervisory special agents;

(24) Directors of investigations;

(25) District directors for interior enforcement;

(26) Deputy or assistant district directors for interior enforcement;

(27) Director of detention and removal;

(28) Field office directors;

(29) Deputy field office directors;

(30) Supervisory deportation officers;

(31) Supervisory detention and deportation officers;

(32) Directors or officers in charge of detention facilities;

(33) Directors of field operations;

(34) Deputy or assistant directors of field operations;

(35) District field officers;

(36) Port directors;

(37) Deputy port directors; (Revised 11/4/05; 70 FR 67087 )

(38) Supervisory service center adjudications officers; (Revised 11/4/05; 70 FR 67087 )

(39) Unit Chief, Law Enforcement Support Center; (Added 11/4/05; 70 FR 67087 )

(40) Section Chief, Law Enforcement Support Center; or (Added 11/4/05; 70 FR 67087 )

(41) Other officers or employees of the Department or of the United States who are delegated the authority as provided by 8 CFR 2.1 to issue notices to appear. (Added 11/4/05; 70 FR 67087 )

(b) Service of notice to appear . Service of the notice to appear shall be in accordance with section 239 of the Act.

(Paragraph (a) revised 3/6/03; 68 FR 10922 )(Amended 6/7/02; 67 FR 39255 )