8 USC 1229(c)

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by section 306(d) is effective as if included in the enactment of the Antiterrorism and Effective Death Penalty
Act of 1996, Pub. L. 104–132.
Pub. L. 104–208, div. C, title III, § 374(c), Sept. 30, 1996,
110 Stat. 3009–648, provided that: ‘‘The amendment
made by subsection (a)(2) [amending this section] shall
be effective as if included in the enactment of section
224(a) of the Immigration and Nationality Technical
Corrections Act of 1994 [Pub. L. 103–416].’’
Amendment by section 671(b)(13) of Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994,
Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208,
set out as a note under section 1101 of this title.
Amendment by section 671(c)(5), (6) of Pub. L. 104–208
effective as if included in the enactment of subtitle A
of title IV of the Antiterrorism and Effective Death
Penalty Act of 1996, Pub. L. 104–132, see section 671(c)(7)
of Pub. L. 104–208, set out as a note under section 1189
of this title.
Pub. L. 104–132, title IV, § 442(d), Apr. 24, 1996, 110 Stat.
1280, provided that: ‘‘The amendments made by this
section [amending this section and section 1105a of this
title] shall become effective no later than 60 days after
the publication by the Attorney General of implementing regulations that shall be published on or before
January 1, 1997.’’
EFFECTIVE DATE OF 1994 AMENDMENTS
Amendment by section 224(a) of Pub. L. 103–416 applicable to all aliens whose adjudication of guilt or guilty
plea is entered in the record after Oct. 25, 1994, see section 224(c) of Pub. L. 103–416, set out as a note under
section 1252 of this title.
Pub. L. 103–322, title XIII, § 130004(d), Sept. 13, 1994, 108
Stat. 2028, provided that: ‘‘The amendments made by
this section [amending this section and section 1105a of
this title] shall apply to all aliens against whom deportation proceedings are initiated after the date of enactment of this Act [Sept. 13, 1994].’’
EFFECTIVE DATE OF 1990 AMENDMENT
Pub. L. 101–649, title V, § 506(b), Nov. 29, 1990, 104 Stat.
5050, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on
the date of the enactment of this Act [Nov. 29, 1990].’’
EFFECTIVE DATE
Pub. L. 100–690, title VII, § 7347(c), Nov. 18, 1988, 102
Stat. 4472, provided that: ‘‘The amendments made by
subsections (a) and (b) [enacting this section and
amending section 1105a of this title] shall apply in the
case of any alien convicted of an aggravated felony on
or after the date of the enactment of this Act [Nov. 18,
1988].’’
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.
REFERENCES TO ORDER OF REMOVAL DEEMED TO
INCLUDE ORDER OF EXCLUSION AND DEPORTATION
For purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see section 309(d)(2) of
Pub. L. 104–208, set out in an Effective Date of 1996
Amendments note under section 1101 of this title.
EXPANDED SPECIAL REMOVAL PROCEEDINGS
Pub. L. 103–322, title XIII, § 130007, Sept. 13, 1994, 108
Stat. 2029, as amended by Pub. L. 104–208, div. C, title
III, § 308(g)(5)(F), (10)(F), title VI, § 671(a)(6), Sept. 30,
1996, 110 Stat. 3009–623, 3009–625, 3009–721, provided that:
‘‘(a) IN GENERAL.—Subject to the availability of appropriations, the Attorney General may expand the

§ 1229

program authorized by section[s] 238(a)(3) and 239(d) of
the Immigration and Nationality Act [8 U.S.C.
1228(a)(3), 1229(d)] to ensure that such aliens are immediately deportable upon their release from incarceration.
‘‘(b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.—
Subject to the availability of appropriations, the Attorney General may—
‘‘(1) construct or contract for the construction of 2
Immigration and Naturalization Service Processing
Centers to detain criminal aliens; and
‘‘(2) provide for the detention and removal of such
aliens.
‘‘(c) REPORT.—By September 30, 1996, and September
30, 1998 the Attorney General shall report to the Congress on the programs referred to in subsections (a) and
(b). The report shall include an evaluation of the programs, an outcome-based measurement of performance,
and an analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for
classification].
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section—
‘‘(1) $55,000,000 for fiscal year 1995;
‘‘(2) $54,000,000 for fiscal year 1996;
‘‘(3) $49,000,000 for fiscal year 1997; and
‘‘(4) $2,000,000 for fiscal year 1998.’’

§ 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) and (ii) a current list of counsel prepared under subsection (b)(2).
(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.

§ 1229

TITLE 8—ALIENS AND NATIONALITY

(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) 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).
(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.

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(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.
(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 at any of the locations specified in
paragraph (2), the Notice to Appear shall include a statement that the provisions of section 1367 of this title 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, or
victim services provider, or a communitybased organization.
(B) At a courthouse (or in connection with
that appearance of the alien at a courthouse) if the alien is appearing in connection
with a protection order case, child custody
case, or other civil or criminal case relating
to domestic violence, sexual assault, trafficking, or stalking in which the alien has
been battered or subject to extreme cruelty
or if the alien is described in subparagraph
(T) or (U) of section 1101(a)(15) of this title.
(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.)
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.’’
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

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TITLE 8—ALIENS AND NATIONALITY

references, see note set out under section 1551 of this
title.

§ 1229a. Removal proceedings
(a) Proceeding
(1) In general
An immigration judge shall conduct proceedings for deciding the inadmissibility or
deportability of an alien.
(2) Charges
An alien placed in proceedings under this
section may be charged with any applicable
ground of inadmissibility under section 1182(a)
of this title or any applicable ground of deportability under section 1227(a) of this title.
(3) Exclusive procedures
Unless otherwise specified in this chapter, a
proceeding under this section shall be the sole
and exclusive procedure for determining
whether an alien may be admitted to the
United States or, if the alien has been so admitted, removed from the United States.
Nothing in this section shall affect proceedings conducted pursuant to section 1228 of this
title.
(b) Conduct of proceeding
(1) Authority of immigration judge
The immigration judge shall administer
oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any
witnesses. The immigration judge may issue
subpoenas for the attendance of witnesses and
presentation of evidence. The immigration
judge shall have authority (under regulations
prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.
(2) Form of proceeding
(A) In general
The proceeding may take place—
(i) in person,
(ii) where agreed to by the parties, in the
absence of the alien,
(iii) through video conference, or
(iv) subject to subparagraph (B), through
telephone conference.
(B) Consent required in certain cases
An evidentiary hearing on the merits may
only be conducted through a telephone conference with the consent of the alien involved after the alien has been advised of the
right to proceed in person or through video
conference.
(3) Presence of alien
If it is impracticable by reason of an alien’s
mental incompetency for the alien to be
present at the proceeding, the Attorney General shall prescribe safeguards to protect the
rights and privileges of the alien.
(4) Alien’s rights in proceeding
In proceedings under this section, under regulations of the Attorney General—
(A) the alien shall have the privilege of
being represented, at no expense to the Gov-

§ 1229a

ernment, by counsel of the alien’s choosing
who is authorized to practice in such proceedings,
(B) the alien shall have a reasonable opportunity to examine the evidence against
the alien, to present evidence on the alien’s
own behalf, and to cross-examine witnesses
presented by the Government but these
rights shall not entitle the alien to examine
such national security information as the
Government may proffer in opposition to the
alien’s admission to the United States or to
an application by the alien for discretionary
relief under this chapter, and
(C) a complete record shall be kept of all
testimony and evidence produced at the proceeding.
(5) Consequences of failure to appear
(A) In general
Any alien who, after written notice required under paragraph (1) or (2) of section
1229(a) of this title has been provided to the
alien or the alien’s counsel of record, does
not attend a proceeding under this section,
shall be ordered removed in absentia if the
Service establishes by clear, unequivocal,
and convincing evidence that the written notice was so provided and that the alien is removable (as defined in subsection (e)(2)). The
written notice by the Attorney General shall
be considered sufficient for purposes of this
subparagraph if provided at the most recent
address provided under section 1229(a)(1)(F)
of this title.
(B) No notice if failure to provide address information
No written notice shall be required under
subparagraph (A) if the alien has failed to
provide the address required under section
1229(a)(1)(F) of this title.
(C) Rescission of order
Such an order may be rescinded only—
(i) upon a motion to reopen filed within
180 days after the date of the order of removal if the alien demonstrates that the
failure to appear was because of exceptional circumstances (as defined in subsection (e)(1)), or
(ii) upon a motion to reopen filed at any
time if the alien demonstrates that the
alien did not receive notice in accordance
with paragraph (1) or (2) of section 1229(a)
of this title or the alien demonstrates that
the alien was in Federal or State custody
and the failure to appear was through no
fault of the alien.
The filing of the motion to reopen described
in clause (i) or (ii) shall stay the removal of
the alien pending disposition of the motion
by the immigration judge.
(D) Effect on judicial review
Any petition for review under section 1252
of this title of an order entered in absentia
under this paragraph shall (except in cases
described in section 1252(b)(5) of this title) be
confined to (i) the validity of the notice provided to the alien, (ii) the reasons for the
alien’s not attending the proceeding, and
(iii) whether or not the alien is removable.