\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 1003 -- EXECUTIVE OFFICE FOR IMMIGRATION REVIEW \ § 1003.14 Jurisdiction and commencement of proceedings.
Previous Document Next Document
§ 1003.14 Jurisdiction and commencement of proceedings.
(a) Jurisdiction vests, and proceedings before an Immigration Judge commence, when a charging document is filed with the Immigration Court by the Service. The charging document must include a certificate showing service on the opposing party pursuant to § 1003.32 which indicates the Immigration Court in which the charging document is filed. However, no charging document is required to be filed with the Immigration Court to commence bond proceedings pursuant to §§
, 1236.1(d) and 1240.2(b) of this chapter. (Amended 3/5/03; 68 FR 10349) (Amended 6/30/95; 60 FR 34089) (Revised effective 4/1/97;
62 FR 10312
(b) When an Immigration Judge has jurisdication over an underlying proceeding, sole jurisdiction over applications for asylum shall lie with the Immigration Judge.
(c) Immigration Judges have jurisdiction to administer the oath of allegiance in administrative naturalization ceremonies conducted by the Service in accordance with § 1337.2(b) of this chapter. (Amended 3/5/03;
68 FR 10349
)(Added effective 4/1/97;
62 FR 10312
(d) The jurisdiction of, and procedures before, immigration judges in exclusion, deportation and removal, rescission, asylum-only, and any other proceedings shall remain in effect as it was in effect on February 28, 2003, until the regulations in this chapter are further modified by the Attorney General. Where a decision of an officer of the Immigration and Naturalization Service was, before March 1, 2003, appealable to the Board or an immigration judge, or an application denied could be renewed in proceedi
ngs before an immigration judge, the same authority and procedures shall be followed until further modified by the Attorney General. (Added 2/28/03;
68 FR 9824