[36 F.R. 316, Jan. 9, 1971]

§ 3.7 Notice of certification.

Whenever in accordance with the provisions of § 3.1(c) a case is required to be certified to the Board, the alien or other party affected shall be given notice of certification. A case shall be certified only after an initial decision has been made and before an appeal has been taken. If it is known at the time the initial decision is made that the case will be certified, the notice of certification shall be included in such decision and no further notice of certification shall be required. If it is not known until after the initial decision is made that the case will be certified, the officer of the Service having administrative jurisdiction over the case shall cause a Notice of Certification (Form I-290C) to be served upon the party affected. In either case the notice shall inform the party affected that the case is required to be certified to the Board and that he has the right to make representation before the Board, including the making of oral argument and the submission of a brief. If the party affected desires to submit a brief, it shall be submitted to the officer of the Service having administrative jurisdiction over the case for transmittal to the Board within ten days from the date of 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.

sons 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. If 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 unless 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 af

fected, 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

Sec.

100.1 100.2

100.3

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]

PART 100-STATEMENT OF ORGANIZATION

Introduction.

Organization and delegations.

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

100.4 Field Service.

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.

(a) 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 De

puty Commissioner is authorized to exercise all power and authority of the Commissioner unless any such power or authority is required to be exercised by the Commissioner personally or has been exclusively delegated to another immigration official or class of immigration officer. Subject to the general superevision of the Commissioner and the direction of the Deputy Commissioner, the Asso- ' ciate Commissioners have responsibility for Service program development, coordination, evaluation and counseling relating to Service policy and recommendations within their program areas of activity and general direction of the Assistant Commissioners with technical responsibility for each of the program areas as follows: The Associate Commissioner, Examinations, the Adjudication and Inspection programs and general direction of the Assistant Commissioners for Adjudication and Inspection; the Associate Commissioner, Enforcement, the Border Patrol, Investigations, and Detention and Deportation programs and general direction of the Assistant Commissioners for Border Patrol, Investigations, and Detention and Deportation; the Associate Commissioner, Management, the Administrative, Personnel and Citizenship and Naturalization programs and general direction of the Assistant Commissioners for Administration, Personnel and Naturalization. The Assistant Commissioners have responsibility for planning, coordinating, evaluating, and technical counseling relating to their program areas as follows: The Assistant Commissioner for Adjudications, the Adjudicative programs; and the Assistant Commissioner for Inspections, the In

spection programs; the Assistant Commisioner for Naturalization, the Citizenship and Naturalization programs; the Assistant Commissioner for Border Patrol, the Border Patrol programs; the Assistant Commissioner for Investigations, the Investigations programs; the Assistant Commissioner for Detention and Deportation, the Detention and Deportation programs; the Assistant Commissioner for Administration, the Administrative programs; the Assistant Commissioner for Personnel, the Personnel programs.

(b) Subject to the general supervision of the Commissioner and direction of the Deputy Commissioner, the Associate Deputy Commissioner for Planning and Evaluation serves as principal staff adviser to each on all program issues including planning, research and development, budgeting, automated data processing, new programs and evaluation of Service program activities.

(c) The General Counsel advises, on legal matters, the Commissioner and his staff, the Attorney General, Solicitor General and other officers of the Department of Justice, also officers of other Departments of the Government. He prepares legislative reports, as necessary assists in litigation, including preparation of briefs. He directs the activities of the Regional Counsels and the Appellate Trial Attorneys and, acting through a Chief Trial Attorney, he has responsibility for planning, coordinating, evaluating and, counseling relating to the Trial Attorney program.

(d) The Chief Special Inquiry Officer has responsibility for exclusion and expulsion hearing programs.

(e) The Executive Assistant has responsibility for coordinating the activities of the Office of the Commissioner and serves as principal staff assistant to the Commissioner.

(f) The Executive Assistant Deputy Commissioner has responsibility for coordinating the activities of the Office of the Deputy Commissioner and serves as principal staff assistant to the Deputy Commissioner.

(g) The Public Information Officer has responsibility for planning, coordinating, and evaluating the Public Information program activities of the Service and serves as principal adviser to the Commissioner and other Service officers on all matters relating to public information.

(h) Subject to the general supervision of the Commissioner and direction of the Deputy Commissioner the following have responsibility for programs as stated: The Director of Field Inspections, planning, evaluating, conducting and reporting thereon, the Central Office programs for inspection of Field Office Operational and Administrative program activities and counseling on all matters relating thereto; the Director of Intelligence and the Director Internal Investigations, planning, coordinating, evaluating and counseling relating to the Intelligence and Internal Investigations program, respectively.

(i) Subject to the general supervision of the Commissioner and the direction of the Deputy Commissioner, Regional Commissioners are authorized to direct the administration of the Service and enforce the Act and all other laws relating to immigration and naturalization within their geographic areas of activity. The Deputy Regional Commissioners are authorized to exercise all power and authority of the Regional Commissioners unless any such power or authority is required to be exercised by the Regional Commissioner personally or has been exclusively delegated to another immigration official or class of immigration officer.

(j) Subject to the general supervision of the Regional Commissioner and the direction of the Deputy Regional Commissioner, district directors and chief patrol agents have been assigned authority to direct the administration of the Service and enforce the Act and all other laws relating to immigration and naturalization within their operational areas of activity, unless any such power and authority is required to be exercised by higher authority or has been exclusively delegated to another immigration official or class of immigration officer. 140 FR 30467, July 21, 1975] § 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 mat

ter, 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, Virginia, has jurisdiction over districts 4, 5, 6, 24, 25, 26, 27, and 28 and Border Patrol sectors 20 and 21. The Northwest Regional Office, located in St. Paul, Minnesota, 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 Padre, California, has jurisdiction over districts 13, 14, 15, 16, 17, 18, 19, 35, and 38 and Border Patrol sectors 10, 11, 12, 13. 14, 15, 16, 17, 18, and 19.

(b) District offices. The following districts, which are designated by numbers, have fixed headquarters and are divided as follows:

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

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

3. New York City, New York. The district office in New York City, New York, 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 United States immigration office located in Hamilton, Bermuda.

4. Philadelphia, Pennsylvania. The district office in Philadelphia, Pennsylvania, has ju

risdiction over the States of Pennsylvania, Delaware, and West Virginia.

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

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

7. Buffalo, New York. The district office in Buffalo, New York, 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, Michigan. The district office in Detroit, Michigan, has jurisdiction over the State of Michigan.

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

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

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

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

13. San Francisco, California. The district office in San Francisco, California, 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, Texas. The district office in San Antonio, Texas, has jurisdiction over the following counties in the State of Texas: Aransas, Atascosa, Bandera, Bastrop, Bee, Bell, Bexar, Blanco, Brazos, Brooks, Brown, Burleson, Burnet, Caldwell, Calhoun, Callahan, Cameron, Coke, Coleman, Comal, Concho, Coryell, Crockett, De Witt, Dimmit, Duval, Edwards, Falls, Fayette, Frio, Gillespie, Glasscock, Goliad, Gonzales, Guadalupe, Hays, Hidalgo, Irlon, Jackson, Jim Hogg, Jim Wells, Jones, Karnes, Kendall, Kenedy, Kern, Kimble, Kinney, Kleberg, Lampasas, La Salle, Lavaca, Lee, Live Oak, Llano, McCulloch, McLennan, McMullen, Mason, Maverich, Medina, Menard, Milam, Mills, Nueces, Reagan, Real, Refugio, Robertson, Runnels, San

Patricio, San Saba, Schleicher, Starr, Sterling, Sutton, Taylor, Tom Green, Travis, Uvalde, Val Verde, Victoria, Webb, Willacy, Williamson, Wilson, Zapata, Zavala.

15. El Paso, Texas. The district office in El Paso, Texas, 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, California. The district office in Los Angeles, California, 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, Arizona. The district office in Phoenix, Arizona, has jurisdiction over the State of Arizona.

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

21. Newark, New Jersey. The district office in Newark, New Jersey, 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, Connecticut. The district office in Hartford, Connecticut, 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, Georgia. 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, Granada, 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, Puerto Rico. The district office in San Juan, Puerto Rico, has jurisdiction over the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and the Dominican Republic.

28. New Orleans, Louisiana. 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, Nebraska. The district office in Omaha, Nebraska, has jurisdiction over the States of Iowa and Nebraska.

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

31. Portland, Oregon. The district office in Portland, Oregon, 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. [Reserved]

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

37. Rome, Italy. The district office in Rome, Italy has jurisdiction over Europe, Africa, and the countries of Asia lying to the west and north of the western and northern borders, respectively, of Afghanistan, Pakistan, People's Republic of China and Mongolian People's Republic.

38. Houston, Texas. The district office in Houston, Texas, has jurisdiction over the State of Oklahoma and the following counties in the State of Texas: Anderson, Andrews, Angelina, Archer, Armstrong, Austin, Bailey, Baylor, Borden, Bosque, Bowie, Brazoria, Briscoe, Camp, Carson, Cass, Castro, Chambers, Cherokee, Childress, Clay, Cochran, Collin, Collingsworth, Colorado, Comanche, Cooke, Cottle, Crosby, Dallam, Dallas, Dawson, Deaf Smith, Delta, Denton, Dickens, Donley, Eastland, Ellis, Erath, Fannin, Fisher, Floyd, Foard, Fort Bend, Franklin, Freestone, Gaines, Galveston, Garza, Gray, Grayson, Gregg, Grimes, Hale, Hall, Hamilton, Hansford, Hardeman, Hardin, Harris, Harrison, Hartley, Haskell, Hemphill, Henderson, Hill, Hockley, Hood, Hopkins, Houston, Howard, Hunt, Hutchinson, Jack, Jasper, Jefferson, Johnson, Kaufman, Kent, King, Knox, Lamar, Lamb, Leon, Liberty, Limestone, Lipscomb, Lubbock, Lynn, Madison, Marion, Martin, Matagorda, Mitchell, Montague, Montgomery, Moore, Morris, Motley, Nacogdoches, Navarro, Newton, Nolan, Ochiltree, Oldham, Orange, Palo Pinto, Panola, Parker, Parmer, Polk, Potter, Rains, Randall, Red River, Roberts, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Scurry, Shackelford, Shelby, Sherman, Smith, Somervell, Stephens, Stonewall, Swisher, Tarrant, Terry, Throckmorton, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, Waller, Washington,