Reference Citation

pmangrum on DSK3VPTVN1PROD with CFR

§ 103.9

8 CFR Ch. I (1–1–12 Edition)

(iii) Delivery of a copy at the office
of an attorney or other person, including a corporation, by leaving it with a
person in charge;
(iv) Mailing a copy by certified or
registered mail, return receipt requested, addressed to a person at his
last known address; or
(v) If so requested by a party, advising the party by electronic mail and
posting the decision to the party’s
USCIS account.
(3) Personal service involving notices of
intention to fine. In addition to any of
the methods of personal service listed
in paragraph (a)(2) of this section, personal service of Form I–79, Notice of Intention to Fine, may also consist of delivery of the Form I–79 by a commercial delivery service at the carrier’s address on file with the National Fines
Office, the address listed on the Form
I–849, Record for Notice of Intent to
Fine, or to the office of the attorney or
agent representing the carrier, provided that such a commercial delivery
service requires the addressee or other
responsible party accepting the package to sign for the package upon receipt.
(b) Effect of service by mail. Whenever
a person has the right or is required to
do some act within a prescribed period
after the service of a notice upon him
and the notice is served by mail, 3 days
shall be added to the prescribed period.
Service by mail is complete upon mailing.
(c) When personal service required—(1)
Generally. In any proceeding which is
initiated by the Service, with proposed
adverse effect, service of the initiating
notice and of notice of any decision by
a Service officer shall be accomplished
by personal service, except as provided
in section 239 of the Act.
(2) Persons confined, minors, and
incompetents—(i) Persons confined. If a
person is confined in a penal or mental
institution or hospital and is competent to understand the nature of the
proceedings initiated against him,
service shall be made both upon him
and upon the person in charge of the
institution or the hospital. If the confined person is not competent to understand, service shall be made only on
the person in charge of the institution
or hospital in which he is confined,

such service being deemed service on
the confined person.
(ii) Incompetents and minors. In case of
mental incompetency, whether or not
confined in an institution, and in the
case of a minor under 14 years of age,
service shall be made upon the person
with whom the incompetent or the
minor resides; whenever possible, service shall also be made on the near relative, guardian, committee, or friend.
(d) When personal service not required.
Service of other types of papers in proceedings described in paragraph (c) of
this section, and service of any type of
papers in any other proceedings, may
be accomplished either by routine service or by personal service.
[37 FR 11470, June 8, 1972, as amended at 39
FR 23247, June 27, 1974; 62 FR 10336, Mar. 6,
1997; 64 FR 17944, Apr. 13, 1999. Redesignated
and amended at 76 FR 53781, Aug. 29, 2011]

§ 103.9 Request for further action on
an approved benefit request.
(a) Filing a request. A person may request further action on an approved
benefit request as prescribed by the
form instructions. Requests for further
action may be submitted with the
original benefit request or following
the approval of such benefit.
(b) Processing. The request will be approved if the requester has demonstrated eligibility for the requested
action. There is no appeal from the denial of such request.
[Redesignated and amended at 76 FR 53781,
Aug. 29, 2011]

§ 103.10 Precedent decisions.
(a) Proceedings before the immigration judges, the Board of Immigration
Appeals and the Attorney General are
governed by part 1003 of 8 CFR chapter
V.
(b) Decisions as precedents. Except as
Board decisions may be modified or
overruled by the Board or the Attorney
General, decisions of the Board, and decisions of the Attorney General, shall
be binding on all officers and employees of the Department of Homeland Security or immigration judges in the administration of the immigration laws
of the United States. By majority vote
of the permanent Board members, selected decisions of the Board rendered
by a three-member panel or by the

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