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Part 1001 1003

Executive Office for Immigration Review

Page 781 782


1101 1103 1204 1205 1207 1208 1209

835 839 844 844 847 847

875 877

1211 1212

878 907

1214 1215

Presumption of lawful admission
Appeals, records, and fees
Immigrant petitions
Revocation of approval of petitions
Admission of refugees
Procedures for asylum and withholding of removal
Adjustment of status of refugees and aliens grant-

ed asylum
Documentary requirements: Immigrants; waivers ..
Documentary requirements: Nonimmigrants; waiv-

ers; admission of certain inadmissible aliens; pa

role ......
Review of nonimmigrant classes
Controls of aliens departing from the United

States ...
Conditional basis of lawful permanent residence

Inspection of persons applying for admission
Apprehension and detention of inadmissable and

deportable aliens; removal of aliens ordered re

moved ...
Expedited removal of aggravated felons
Initiation of removal proceedings
Proceedings to determine removability of aliens in

the United States ......
Apprehension and detention of aliens ordered re-

moved ...



913 923

1235 1236

1238 1239 1240

936 944 946



980 Page

Part 1244



997 1052

1246 1249

1270 1274a 1280 1287 1292

Temporary protected status for nationals of des

ignated states
Adjustment of status to that of person admitted

for permanent residence
Rescission of adjustment of status ....
Creation of records of lawful admission for perma-

nent residence
Penalties for document fraud
Control of employment of aliens
Imposition and collection of fines
Field officers; powers and duties
Representation and appearances

Immigration review forms
Oath of allegiance

1054 1055 1057 1080 1085 1087

1299 1337

1097 1097



AUTHORITY: 8 U.S.C. 1101, 1103.

$ 1001.1 Definitions.

As used in this chapter:

(a) The terms defined in section 101 of the Immigration and Nationality Act (66 Stat. 163) shall have the meanings ascribed to them in that section and as supplemented, explained, and further defined in this chapter.

(b) The term Act means the Immigration and Nationality Act, as amended.

(c) The term Service means the Immigration and Naturalization Service, as it existed prior to March 1, 2003. Unless otherwise specified, references to the Service on or after that date mean the offices of the Department of Homeland Security to which the functions of the former Service were transferred pursuant to the Homeland Security Act, Public Law 107–296 (Nov. 25, 2002), as provided in 8 CFR chapter I.

(d) The term Commissioner means the Commissioner of the Immigration and Naturalization Service prior to March 1, 2003. Unless otherwise specified, references to the Commissioner on or after that date mean those officials of the Department of Homeland Security who have succeeded to the functions of the Commissioner of the former Seryice, as provided in 8 CFR chapter I.

(e) The term Board means the Board of Immigration Appeals.

(f) The term attorney means any person who is a member in good standing of the bar of the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him in the practice of law.

(g) Unless the context otherwise requires, the term case means any proceeding arising under any immigration or naturalization law, Executive order, or Presidential proclamation, or preparation for or incident to such proceeding, including preliminary steps by any private person or corporation preliminary to the filing of the applica

tion or petition by which any proceeding under the jurisdiction of the Service or the Board is initiated.

(h) The term day when computing the period of time for taking any action provided in this chapter including the taking of an appeal, shall include Saturdays, Sundays, and legal holidays, except that when the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, the period shall run until the end of the next day which is not a Saturday, Sunday, nor a legal holiday.

(i) The term practice means the act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief or other document, paper, application, or petition on behalf of another person or client before or with the Service, or any officer of the Service, or the Board.

(j) The term representative refers to a person who is entitled to represent others as provided in 88 1292.1(a) (2), (3), (4), (5), (6), and 1292.1(b) of this chapter.

(k) The term preparation, constituting practice, means the study of the facts of a case and the applicable laws, coupled with the giving of advice and auxiliary activities, including the incidental preparation of papers, but does not include the lawful functions of a notary public or service consisting solely of assistance in the completion of blank spaces on printed Service forms by one whose remuneration, if any, is nominal and who does not hold himself out as qualified in legal matters or in immigration and naturalization procedure.

(1) The term immigration judge means an attorney whom the Attorney General appoints as an administrative judge within the Executive Office for Immigration Review, qualified to conduct specified classes of proceedings, including a hearing under section 240 of the Act. An immigration judge shall be subject to such supervision and shall perform such duties as the Attorney General shall prescribe, but shall not be employed by the Immigration and Naturalization Service.

(m) The term representation before the Board and the Service includes practice and preparation as defined in paragraphs (i) and (k) of this section.

(n) The term Executive Office means Executive Office for Immigration Review.

(0) The term Director, unless otherwise specified, means the Director of the Executive Office for Immigration Review. For a definition of the term Director when used in the context of an official with the Department of Homeland Security, see 8 CFR 1.1(o).

(p) The term lawfully admitted for permanent residence means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. Such status terminates upon entry of a final administrative order of exclusion, deportation, removal, or rescission.

(q) The term arriving alien means an applicant for admission coming or attempting to come into the United States at a port-of-entry, or an alien seeking transit through the United States at a port-of-entry, or an alien interdicted in international or United States waters and brought into the United States by any means, whether or not to a designated port-of-entry, and regardless of the means of transport. An arriving alien remains such even if paroled pursuant to section 212(d)(5) of the Act, except that an alien who was paroled before April 1, 1997, or an alien who was granted advance parole which the alien applied for and obtained in the United States prior to the alien's departure from and return to the United States, shall not be considered an arriving alien for purposes of section 235(b)(1)(A)(i) of the Act.

(r) The term respondent means a person named in a Notice to Appear issued in accordance with section 239(a) of the Act, or in an Order to Show Cause issued in accordance with $ 242.1 of 8 CFR chapter I as it existed prior to April 1, 1997.

(s) The terms government counsel or Service counsel, in the context of proceedings in which the Department of Homeland Security has appeared, mean any officer assigned to represent the Department of Homeland Security in any proceeding before an immigration

judge or the Board of Immigration Appeals.

(t) The term aggravated felony means a crime (or a conspiracy or attempt to commit a crime) described in section 101(a)(43) of the Act. This definition is applicable to any proceeding, application, custody determination, or adjudication pending on or after September 30, 1996, but shall apply under section 276(b) of the Act only to violations of section 276(a) of the Act occurring on or after that date.

(u) The term Department, unless otherwise specified, means the Department of Justice.

(v) The term Secretary, unless otherwise specified, means the Secretary of Homeland Security.

(w) The term DHS means the Department of Homeland Security. These rules incorporate by reference the organizational definitions for components of DHS as provided in 8 CFR 1.1. (23 FR 9115, Nov. 26, 1958)

EDITORIAL NOTE: For FEDERAL REGISTER Cİtations affecting $1001.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.



Sec. 1003.0 Executive Office for Immigration Re


Subpart A-Board of Immigration Appeals 1003.1 Organization, jurisdiction, and pow

ers of the Board of Immigration Appeals. 1003.2 Reopening or reconsideration before

the Board of Immigration Appeals. 1003.3 Notice of appeal. 1003.4 Withdrawal of appeal. 1003.5 Forwarding of record on appeal. 1003.6 Stay of execution of decision. 1003.7 Notice of certification. 1003.8 Fees before the Board.

Subpart B-Immigration Court 1003.9 Chief Immigration Judge. 1003.10 Immigration Judges. 1003.11 Administrative control Immigration


Subpart C-Immigration Court-Rules of


1003.12 Scope of rules.

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