receipt of the notice of certification, unless for good cause shown such officer or the Board extends the time within which the brief may be submitted. The case shall be certified and forwarded to the Board by the officer of the Service having administrative jurisdiction over the case upon receipt of the brief, or upon the expiration of the time within which the brief may be submitted, or upon receipt of a written waiver of the right to submit a brief.

[23 F.R. 9118, Nov. 26, 1958]

§ 3.8

Motion to reopen or motion to reconsider.

(a) Form. Motions to reopen and motions to reconsider shall be submitted in triplicate. A request for oral argument, if desired, shall be incorporated in the motion. The Board in its discretion may grant or deny oral argument. Motions to reopen shall state the new facts to be proved at the reopened hearing and shall be supported by affidavits or other evidentiary material. Motions to reconsider shall state the reasons upon which the motion is based and shall be supported by such precedent decisions as are pertinent. In any case in which a deportation order is in effect, there shall be included in the motion to reopen or reconsider such order a statement by or on behalf of the moving party declaring whether the subject of the deportation order is also the subject of any pending criminal proceeding under section 242(e) of the Act, and, if so, the current status of that proceeding. the motion to reopen or reconsider is for the purpose of seeking discretionary relief, there shall be included in the motion a statement by or on behalf of the moving party declaring whether the alien for whose relief the motion is filed is subject to any pending criminal prosecution and, if so, the nature and current status of that prosecution. Motions to reopen or reconsider shall state whether the validity of the deportation order has been or is the subject of any judicial proceeding and, if so, the nature and date thereof, the court in which such proceeding took place or is pending, and its result or status. The filing of a motion to reopen or a motion to reconsider shall not serve to stay the execution of any decision made in the case. Execution of such decision shall proceed un

If

less a stay of execution is specifically granted by the Board or the officer of the Service having administrative jurisdiction over the case.

(b) Distribution of motion papers when alien is moving party. In any case in which a motion to reopen or a motion to reconsider is made by the alien or other party affected, the three copies of the motion papers shall be submitted to the officer of the Service having administrative jurisdiction over the place where the proceedings were conducted. Such officer shall retain one copy, forward one copy to the officer of the Service who made the initial decision in the case, and submit the third copy with the case to the Board.

(c) Distribution of motion papers when the Commissioner, or any other duly authorized officer of the Service is the moving party. Whenever a motion to reopen or a motion to reconsider is made by the Commissioner or any other duly authorized officer of the Service, he shall cause one copy of the motion to be served upon the alien or party affected, as provided in Part 292 of this chapter, and shall cause the record in the case and one copy of the motion to be filed directly with the Board, together with proof of service upon the alien or other party affected. Such alien or party shall have a period of ten days from the date of service upon him of the motion within which he may apply, if he so desires, submit a brief in opposition to the motion. If such a brief is submitted, two copies thereof shall be filed directly with the Board and one copy directly with the Commissioner. The Board, in its discretion, for good cause shown may extend the time within which such brief may be submitted.

(d) Ruling on motion. Rulings upon motions to reopen or motions to reconsider shall be by written order. If the order directs a reopening, the record shall be returned to the officer of the Service having administrative jurisdiction over the place where the reopened proceedings are to be conducted. If the motion to reconsider is granted, the decision upon such reconsideration shall affirm, modify, or reverse the original decision made in the case.

[23 F.R. 9118, Nov. 26, 1958, as amended at 27 F.R. 7488, July 31, 1962]

The provisions of this Part 100 issued under sec. 103, 66 Stat. 173; 8 U.S.C. 1103.

SOURCE: The provisions of this Part 100 appear at 32 F.R. 9616, July 4, 1967, unless otherwise noted.

The following sections describe the organization of the Immigration and Naturalization Service, including statements of delegations of final authority, indicate the established places at which, and methods whereby, the public may secure information, direct attention to the regulations relating to the general course and method by which its functions are channeled and determined. Part 103 of this chapter sets forth the procedures governing the availability of Service opinions, orders, and records. § 100.2 Organization and delegations.

The Attorney General has delegated to the Commissioner, the principal officer of the Immigration and Naturalization Service, authority to direct the administration of the Service and enforce the Act and all other laws relating to immigration and naturalization, except the authority delegated to the Board of Immigration Appeals. The Commissioner has delegated his authority to the following-described officers of the Service, within their respective operational areas of activity: Associate Commissioner, Operations; Associate Commissioner, Management; Deputy Associate Commissioner, Domestic Control; Deputy Associate Commissioner, Travel Control; Deputy Associate Commissioner, Security; Deputy Association Commissioner, Administrative Services; Assistant Commissioner, Investigations; Assistant Commissioner, Enforcement; Assistant Commissioner, Examinations; Assistant Commissioner, Special Projects; Assistant Commissioner, Field Inspection and

Security; Assistant Commissioner, Naturalization; Assistant Commissioner, Administration; Assistant Commissioner, Detention and Deportation; General Counsel; Chief Special Inquiry Officer; regional commissioners; district directors; officers in charge; immigration officers; special inquiry officers, and chief patrol inspectors.

[32 F.R. 9616, July 4, 1967, as amended at 34 F.R. 1007, Jan. 23, 1969]

§ 100.3

Places where, and methods whereby, information may be secured or submittals or requests made.

Any person desiring information relative to a matter handled by the Immigration and Naturalization Service, or any person desiring to make a submittal or request in connection with such a matter should communicate either orally or in writing with a district headquarters office or suboffice of the Service. If the office receiving the communication does not have jurisdiction to handle the matter, the communication, if written, will be forwarded to the proper office of the Service or, if oral, the person will be advised how to proceed. When the submittal or request consists of a formal application for one of the documents, privileges, or other benefits provided for in the laws administered by the Service or the regulations implementing those laws, the instructions on the form as to preparation and place of submission should be followed. In such cases, the provisions of this chapter dealing with the particular type of application may be consulted for regulatory provisions.

§ 100.4 Field service.

The territory within which officials of the Immigration and Naturalization Service are located is divided into regions, districts, suboffices, and Border Patrol sectors as follows:

(a) Regional Offices. The Northeast Regional Office, located in Burlington, Vermont, has jurisdiction over districts 1, 2, 3, 7, 21, 22, and 23 and Border Patrol sectors 1, 2, 3, and 4. The Southeast Regional Office, located in Richmond, Va., has jurisdiction over districts 4, 5, 6, 24, 25, 26, 27, and 28 and Border Patrol sectors 21 and 22. The Northwest Regional Office, located in St. Paul, Minn., has jurisdiction over districts 8, 9, 10, 11, 12, 29, 30, 31, and

32 and Border Patrol sectors 5, 6, 7, 8, and 9. The Southwest Regional Office, located in San Pedro, Calif. has jurisdiction over districts 13, 14, 15, 16, 17, 18, 19, 35, and 36, and Border Patrol sectors 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20. (b) District Offices. The following districts, which are designated by numbers, have fixed headquarters and are divided as follows:

1. St. Albans, Vt. The district office in St. Albans, Vt., has jurisdiction over the State of Vermont; also, over the U.S. immigration office located in the Province of Quebec, Canada.

2. Boston, Mass. The district office in Boston, Mass., has jurisdiction over the States of New Hampshire, Massachusetts, and Rhode Island.

3. New York City, N.Y. The district office in New York City, N.Y., has jurisdiction over the following counties in the State of New York: Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester; also, over the U.S. immigration office located in Hamilton, Bermuda.

4. Philadelphia, Pa. The district office in Philadelphia, Pa., has jurisdiction over the States of Pennsylvania, Delaware, and West Virginia.

5. Baltimore, Md. The district office in Baltimore, Md., has jurisdiction over the State of Maryland.

6. Miami, Fla. The district office in Miami, Fla., has jurisdiction over the State of Florida, Cuba, the Caribbean Islands, except the Dominican Republic, and South America; also,, over the U.S. immigration office located in Nassau, Bahamas.

7. Buffalo, N.Y. The district office in Buffalo, N.Y., has jurisdiction over the State of New York except that part within the jurisdiction of District No. 3; also, over the United States immigration office at Toronto, Ontario, Canada.

8. Detroit, Mich. The district office in Detroit, Mich., has jurisdiction over the State of Michigan.

9. Chicago, Ill. The district office in Chicago, Ill., has jurisdiction over the States of Illinois, Indiana, and Wisconsin.

10. St. Paul, Minn. The district office in St. Paul, Minn., has jurisdiction over the States of Minnesota, North Dakota, and South Dakota; also, over the U.S. immigration office in the Province of Manitoba, Canada.

11. Kansas City, Mo. The district office in Kansas City, Mo., has jurisdiction over the States of Kansas and Missouri.

12. Seattle, Wash. The district office in Seattle Wash., has jurisdiction over the State of Washington; also, over the U.S. immigration offices located in the Province of British Columbia, Canada.

13. San Francisco, Calif. The district office in San Francisco, Calif., has jurisdiction

over the State of Nevada and over the following counties in the State of California: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba.

14. San Antonio, Tex. The district office in San Antonio, Texas, has jurisdiction over the State of Oklahoma and the following counties in the State of Texas: Anderson, Andrews, Archer, Armstrong, Atascosa, Bailey, Bandera, Bastrop, Baylor, Bee, Bell, Bexar, Blanco, Borden, Bosque, Bowie, Brazos, Briscoe, Brooks, Brown, Burleson, Burnet, Caldwell, Callahan, Camp, Carson, Cass, Castro, Cherokee, Childress, Clay, Cochran, Coke, Coleman, Collin, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cottle, Crockett, Crosby, Dallam, Dallas, Dawson, Deaf Smith, Delta, Denton, De Witt, Dickens, Dimmit, Donley. Duval, Eastland, Edwards, Ellis, Erath, Falls, Fannin, Fayette, Fisher, Floyd, Foard, Franklin, Freestone, Frio, Gaines, Garza, Gillespie, Glasscock, Goliad, Gonzales, Gray, Grayson, Gregg, Guadalupe, Hale, Hall, Hamilton, Hansford, Hardeman, Harrison, Hartley, Haskell, Hays, Hemphill, Henderson, Hidalgo, Hill, Hockley, Hood, Hopkins, Houston, Howard, Hunt, Hutchinson, Irion, Jack, Jim Hogg, Jim Wells, Johnson, Jones, Karnes, Kaufman, Kendall, Kent, Kerr, Kimble, King, Kinney, Knox, Lamar, Lamb, Lampasas, La Salle, Lavaca, Lee, Leon, Limestone, Lipscomb, Live Oak, Llano, Lubbock, Lynn, Marion, Martin, Mason, Maverick, McCulloch, McLennan, McMullen, Medina, Menard, Milam, Mills, Mitchell, Montague, Moore, Morris, Motley, Navarro, Nolan, Ochiltree, Oldham, Palo Pinto, Panola, Parker, Parmer, Potter, Rains, Randall, Real, Red River, Reagan, Roberts, Robertson, Rockwall, Runnels, Rusk, San Saba, Schleicher, Scurry, Shackelford, Sherman, Smith, Somervell, Starr, Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terry, Throckmorton, Titus, Tom Green, Travis, Upshur, Uvalde, Val Verde, Van Zandt, Webb, Wheeler, Wichita, Wilbarger, Williamson, Wilson, Wise, Wood, Yoakum, Young, Zapata, and Zavala.

15. El Paso, Tex. The district office in El Paso, Tex., has jurisdiction over the State of New Mexico, and the following counties in Texas: Brewster, Crane, Culberson, Ector, El Paso, Hudspeth, Jeff Davis, Loving, Midland, Pecos, Presidio, Reeves, Terrell, Upton, Ward, and Winkler.

16. Los Angeles, Calif. The district office in Los Angeles, Calif., has jurisdiction over the following counties in the State of California: Imperial, Inyo, Kern, Los Angeles,

Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura.

17. Honolulu, Hawaii. The district office in Honolulu, Hawaii, has jurisdiction over the State of Hawaii and Guam, Mariana Islands.

18. Phoenix, Ariz. The district office in Phoenix, Ariz., has jurisdiction over the State of Arizona.

19. Denver, Colo. The district office in Denver, Colo., has jurisdiction over the States of Colorado, Utah, and Wyoming.

21. Newark, N.J. The district office in Newark, N.J., has jurisdiction over the State of New Jersey.

22. Portland, Maine. The district office in Portland, Maine, has jurisdiction over the State of Maine.

23. Hartford, Conn. The district office in Hartford, Conn., has jurisdiction over the State of Connecticut.

24. Cleveland, Ohio. The district office in Cleveland, Ohio, has jurisdiction over the States of Ohio and Kentucky.

25. Washington, D.C. The district office in Washington, D.C., has jurisdiction over the District of Columbia, and the States of Virginia and North Carolina.

26. Atlanta, Ga. The district office in Atlanta, Ga., has jurisdiction over the States of Georgia, South Carolina, Alabama, Tennessee, Arkansas, and the following counties in the State of Mississippi: Alcorn, Attala, Benton, Bolivar, Calhoun, Carroll, Chickasaw, Choctaw, Clay, Coahoma, De Soto, Grenada, Humphreys, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Sunflower, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Washington, Webster, Winston, and Yalobusha.

27. San Juan, P.R. The district office in San Juan, P.R., has jurisdiction over the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and the Dominican Republic.

28. New Orleans, La. The district office in New Orleans, La., has jurisdiction over the State of Louisiana and the following counties in the State of Mississippi: Adams, Amite, Claiborne, Clarke, Copiah, Covington, Forrest, Franklin, George, Greene, Hancock, Harrison, Hinds, Holmes, Issaquena, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Madison, Marion, Neshoba, Newton, Noxubee, Pearl River, Perry, Pike, Rankin, Scott, Sharkey, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, and Yazoo.

29. Omaha, Nebr. The district office in Omaha, Nebr., has jurisdiction over the States of Iowa and Nebraska.

30. Helena, Mont. The district office in Helena, Mont., has jurisdiction over the States of Montana and Idaho.

31. Portland, Oreg. The district office in Portland, Oreg., has jurisdiction over the State of Oregon.

32. Anchorage, Alaska. The district office in Anchorage, Alaska, has jurisdiction over the State of Alaska.

33. Hong Kong, B.C.C. The district office in Hong Kong has jurisdiction over the British Crown Colony, and adjacent islands, Formosa, the Philippines, Australia, New Zealand, all of continental Asia lying to the east of the western borders of Afghanistan and Pakistan, Japan, Korea, Okinawa and all other countries in the Pacific Area.

34. Frankfurt, Germany. The district office in Frankfurt, Germany, has jurisdiction over France, Germany, Benelux, Austria, Hungary, Poland, Bulgaria, Yugoslavia, Rumania, Czechoslovakia, Ireland, Norway, Sweden, Finland, United Kingdom of Great Britain and Northern Ireland, Iceland, Switzerland, Albania, and Union of Soviet Socialist Republics.

35. Mexico City, Mexico. The district office in Mexico City has jurisdiction over Mexico and Central America.

36. Port Isabel, Tex. The district office in Port Isabel, Tex., has jurisdiction over the following counties in Texas: Angelina, Aransas, Austin, Brazoria, Calhoun, Cameron, Chambers, Colorado, Fort Bend, Galveston, Grines, Hardin, Harris, Jackson, Jasper, Jefferson, Kenedy, Kleberg, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Trinity, Tyler, Victoria, Walker, Waller, Washington, Wharton, and Willacy.

37. Rome, Italy. The district office in Rome, Italy, has jurisdiction over Spain, Portugal (including insular possessions in the Atlantic), Italy, Malta, Greece, Turkey, Cyprus, Syria, Lebanon, Israel, Jordan, Iraq, Iran, Kuwait, Saudi Arabia, Yemen, Aden, and Africa.

(c) Suboffices. The following offices, in addition to the facilities maintained at Class A ports of entry listed in subparagraph (2) of this paragraph, indicated by asterisk, are designated as suboffices:

(1) Interior locations.
Albany, N.Y.
Albuquerque, N. Mex.
Boise, Idaho.

Cincinnati, Ohio.
Dallas, Tex.

Fairbanks, Alaska.
Fresno, Calif.
Memphis, Tenn.
Pittsburgh, Pa.
Reno, Nev.
Sacramento, Calif.
Salt Lake City, Utah.
St. Louis, Mo.
Spokane, Wash.
Syracuse, N.Y.
Tucson, Ariz.

(2) Ports of entry for aliens arriving by vessel or by land transportation. Subject to the limitations prescribed in this subparagraph, the following places are hereby designated as ports of entry for aliens arriving by any means of travel other than aircraft. The designation of such a port of entry may be withdrawn whenever, in the judgment of the Commissioner, such action is warranted. The ports are listed according to location by districts and are designated either Class A, Class B, or Class C. Class A means that the port is a designated port of entry for all aliens. Class B means that the port is a designated port of entry for aliens who at the time of applying for admission are lawfully in possession of valid resident aliens' border-crossing identification cards or valid nonresident aliens' border-crossing identification cards or are admissible without documents under the documentary waivers contained in Part 212 of this chapter. Class C means that the port is a designated port of entry only for aliens who are arriving in the United States as crewmen as that term is defined in section 101(a) (10) of the Act with respect to vessels.

DISTRICT NO. 1-ST. ALBANS, VT.

CLASS A

*Alburg, Vt.

*Alburg Springs, Vt.

*Beebe Plain, Vt.

*Beecher Falls, Vt.

*Canaan, Vt.

*Derby Line, Vt.

East Richford, Vt.

*Highgate Springs, Vt. Morses Line, Vt. *Newport, Vt.

*North Troy, Vt.

*Norton, Vt.

*Richford, Vt.

St. Albans, Vt.

*West Berkshire, Vt.

DISTRICT NO. 2-BOSTON, MASS.

CLASS A

Boston, Mass. (the port of Boston includes,
among others, the port facilities at Beverly,
Braintree, Chelsea, Everett, Hingham,
Lynn, Manchester, Marblehead, Milton,
Quincy, Revere, Salem, Saugus, and Wey-
mouth, Mass.).
Gloucester, Mass.
Pittsburg, N.H.

*Providence, R.I. (the port of Providence includes, among others, the port facilities at Davisville, Hillsgrove, Melville, Newport, Portsmouth, Quonset Point, and Tiverton, R.I.; and at Fall River and Somerset, Mass.).