US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 8USC1229]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 1229. Initiation of removal proceedings


(a) Notice to appear

                           (1) In general

        In removal proceedings under section 1229a of this title, 
    written notice (in this section referred to as a ``notice to 
    appear'') shall be given in person to the alien (or, if personal 
    service is not practicable, through service by mail to the alien or 
    to the alien's counsel of record, if any) specifying the following:
            (A) The nature of the proceedings against the alien.
            (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 and the statutory 
        provisions alleged to have been violated.
            (E) The alien may be represented by counsel and the alien 
        will be provided (i) a period of time to secure counsel under 
        subsection (b)(1) of this section and (ii) a current list of 
        counsel prepared under subsection (b)(2) of this section.
            (F)(i) The requirement that the alien must immediately 
        provide (or have provided) the Attorney General with a written 
        record of an address and telephone number (if any) at which the 
        alien may be contacted respecting proceedings under section 
        1229a of this title.
            (ii) The requirement that the alien must provide the 
        Attorney General immediately with a written record of any change 
        of the alien's address or telephone number.
            (iii) The consequences under section 1229a(b)(5) of this 
        title 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 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, in 
        the case of any change or postponement in the time and place of 
        such proceedings, subject to subparagraph (B) a written notice 
        shall be given in person to the alien (or, if personal service 
        is not practicable, through service by mail to the alien or to 
        the alien'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 of failing, except under exceptional circumstances, to 
            attend such proceedings.

        (B) Exception

            In the case of an alien not in detention, a written notice 
        shall not be required under this paragraph if the alien has 
        failed to provide the address required under paragraph (1)(F).

                      (3) Central address files

        The Attorney General 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).

(b) Securing of counsel

                           (1) In general

        In order that an alien be permitted the opportunity to secure 
    counsel before the first hearing date in proceedings under section 
    1229a of this title, the hearing date shall not be scheduled earlier 
    than 10 days after the service of the notice to appear, unless the 
    alien requests in writing an earlier hearing date.

                    (2) Current lists of counsel

        The Attorney General shall provide for lists (updated not less 
    often than quarterly) of persons who have indicated their 
    availability to represent pro bono aliens in proceedings under 
    section 1229a of this title. Such lists shall be provided under 
    subsection (a)(1)(E) of this section and otherwise made generally 
    available.

                      (3) Rule of construction

        Nothing in this subsection may be construed to prevent the 
    Attorney General from proceeding against an alien pursuant to 
    section 1229a of this title if the time period described in 
    paragraph (1) has elapsed and the alien has failed to secure 
    counsel.

(c) Service by mail

    Service by mail under this section shall be sufficient if there is 
proof of attempted delivery to the last address provided by the alien in 
accordance with subsection (a)(1)(F) of this section.

(d) Prompt initiation of removal

    (1) In the case of an alien who is convicted of an offense which 
makes the alien deportable, the Attorney General shall begin any removal 
proceeding as expeditiously as possible after the date of the 
conviction.
    (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 or its agencies or officers or 
any other person.

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 239, as added Pub. L. 
104-208, div. C, title III, Sec. 304(a)(3), Sept. 30, 1996, 110 Stat. 
3009-587.)


                            Prior Provisions

    A prior section 1229, act June 27, 1952, ch. 477, title II, ch. 4, 
Sec. 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, 
Sec. 304(a)(1), Sept. 30, 1996, 110 Stat. 3009-587, and was transferred 
to section 1224 of this title.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1229a, 1229b, 1229c, 1774 of 
this title.