Cancellation of notice to appear.

CFR · 2024-01-01 · US · Title 8

(a) Any officer authorized by § 239.1(a) to issue a notice to appear may cancel such notice prior to jurisdiction vesting with the immigration judge pursuant to § 3.14 of this chapter provided the officer is satisfied that: (1) The respondent is a national of the United States; (2) The respondent is not deportable or inadmissible under immigration laws; (3) The respondent is deceased; (4) The respondent is not in the United States; (5) The notice was issued for the respondent's failure to file a timely petition as required by section 216(c) of the Act, but his or her failure to file a timely petition was excused in accordance with section 216(d)(2)(B) of the Act; (6) The notice to appear was improvidently issued, or (7) Circumstances of the case have changed after the notice to appear was issued to such an extent that continuation is no longer in the best interest of the government. (b) A notice to appear issued pursuant to section 235(b)(3) of the Act may be canceled under provisions in paragraphs (a)(2) and (a)(6) of this section only by the issuing officer, unless it is impracticable for the issuing officer to cancel the notice. (c) (d) (e)

official document · source cfr-2024 · id 8:§ 239.2