AUTHORITY: §§ 7.1 to 7.16 issued under sec. 103, 66 Stat. 173; 8 U. S. C. 1103. Interpret of apply sec. 332, 66 Stat. 252; 8 U. S. C. 1443. SOURCE: §§ 7.1 to 7.16 appear at 22 F. R. 9773, Dec. 6, 1957.

§ 7.1 Regional commissioners—(a) Appellate jurisdiction. Appeals shall lie to the regional commissioners from the following:

(1) Decisions of district directors on petitions filed in accordance with section 204 or 214 (c) of the Immigration and Nationality Act or from decisions revoking the approval of such petitions in accordance with section 206 of that act, as provided in Parts 204, 214h, and 206 of this chapter;

(2) Decisions of district directors on applications for consent to reapply for admission to the United States under section 212 (a) of the Immigration and Nationality Act, as provided in Part 212 of this chapter;

(3) Decisions of district directors on applications for permission for aliens to enter the United States notwithstanding section 212 (a) (14) of the Immigration and Nationality Act, as provided in Part 212a of this chapter;

(4) Decisions of district directors on applications for the approval of schools or from decisions of district directors revoking the approval of schools, in accordance with section 101 (a) (15) (F)

of the Immigration and Nationality Act, as provided in Part 214f of this chapter;

(5) Decisions of district directors on applications for reentry permits under section 223 of the Immigration and Nationality Act, as provided in Part 223 of this chapter;

(6) Decisions of district directors on applications for adjustment of status under section 245 of the Immigration and Nationality Act, as provided in Part 245 of this chapter;

(7) Decisions of district directors rescinding adjustment of status under section 246 of the Immigration and Nationality Act, as provided in Part 246 of this chapter;

(8) Decisions of district directors adjusting status under section 247 of the Immigration and Nationality Act, as provided in Part 247 of this chapter;

(9) Decisions of district directors on applications to change status under section 248 of the Immigration and Nationality Act, as provided in Part 248 of this chapter;

(10) Decisions of district directors on applications for the creation of a record of adinission under section 249 of the Immigration and Nationality Act, as provided in Part 249 of this chapter;

(11) Decisions of district directors on applications filed under Parts 316 and 317 of this chapter for residence or physical presence benefits for naturalization purposes;

(12) [Reserved.]

(13) Decisions of district directors on applications for certificates of citizenship under Part 341 of this chapter;

(14) Decisions of district directors revoking certificates, documents or records under section 342 of the Immigration and Nationality Act, as provided in Part 5 of this chapter;

(15) Decisions of district directors on applications for certificates of naturalization or repatriation under Part 343 of this chapter;

(16) Decisions of district directors on applications for replacement of certificates of naturalization or citizenship under Part 343a of this chapter;

(17) Decisions of district directors on applications for special certificates of naturalization under section 343 of the Immigration and Nationality Act, as provided in Part 343b of this chapter;

(18) [Reserved.]

(19) Decisions of district directors on applications for preexamination under Part 235a of this chapter.

(b) Jurisdiction by certification. The regional commissioner may direct that any case or class of cases be certified to him. If the case is one of a class enumerated in § 6.1 (b) of this chapter, the regional commissioner may certify the case to the Board in accordance with § 6.1 (c) of this chapter. In any other case, he may enter such decision as he deems appropriate, and further action shall be taken in accordance with such decision.

(c) Powers of the regional commissioner. In considering and determining cases appealed or certified to him and in which he has jurisdiction to enter a decision, the regional commissioner shall exercise such discretion and authority conferred upon the Attorney General by the Immigration and Nationality Act as is appropriate and necessary for the disposition of the case.

(d) Decision of regional commissioner. The decision of the regional commissioner shall be in writing. The alien or other party affected by the decision shall be informed of the decision made in the case.

Whenever

$ 7.11 Notice of appeal. an alien or other party affected by a written decision is entitled under this chapter to appeal to the regional commissioner, he shall be given written notice that he may appeal from such decision; that such appeal may be taken by filing with the district director having administrative jurisdiction over the case three copies of Notice of Appeal, Form I-290B; and, except as otherwise provided in this chapter, that such appeal must be taken within ten days from the receipt of notification of decision. The forms I-290B shall be enclosed with the written notice to the alien. The party taking the appeal may file with the Notice of Appeal a brief in support of his appeal. The party affected may waive the submission of such brief. The district director or the regional commissioner, in his discretion, for good cause shown, may extend the time within which the brief may be submitted. One copy of the Notice of Appeal shall be retained in the office where the proceedings are pending and two copies shall be placed in the file relating to the case. The certification of a case as provided in this part shall not relieve the

party affected from compliance with the provisions of this section in the event such party is entitled, and desires, to appeal from an initial decision, nor shall it serve to extend the time specified in the applicable parts of this chapter for the taking of an appeal.

§ 7.12 Withdrawal of appeal. In any case in which an appeal has been taken, the party taking the appeal may file a written withdrawal of such appeal with the officer with whom the Notice of Appeal was filed. If the record in the case has not been forwarded to the regional commissioner on appeal in accordance with 7.13, the decision made in the case shall be final to the same extent as though no appeal had been taken. If the record in the case has been forwarded on appeal, the withdrawal of the appeal shall be forwarded to the regional commissioner and if no decision in the case has been made on the appeal, the record shall be returned to the office in which the proceedings are pending and the decision in the case shall be final to the same extent as though no appeal had been taken. If a decision on the appeal was made in the case, further action shall be taken in accordance therewith.

§ 7.13 Forwarding of record on appeal. If an appeal is taken from a decision, either written or oral, as provided in this chapter, the entire record of the proceedings shall be forwarded by the district director having administrative jurisdiction over the case to the regional commissioner:

(a) Upon receipt of the Notice of Appeal and brief in support thereof if the decision appealed from was in writing; or

(b) Upon receipt of the brief in support of an appeal taken orally if the decision appealed from was oral; or

(c) Upon expiration of the time allowed for the submission of the brief; or (d) Upon receipt of a written waiver of the right to submit a brief.

$7.14 Stay of execution of decision. The decision of any proceeding under this chapter from which an appeal to the regional commissioner may be taken shall not be executed during the time allowed for the filing of an appeal unless a waiver of the right to appeal is filed, nor shall such decision be executed while an appeal is pending or while a case is before the regional commissioner by way of certification.

§ 7.15 Notice of certification. When the regional commissioner in accordance with the provisions of § 7.1 (b) directs that a case (other than one falling within the classes enumerated in § 6.1 (b) of this chapter) be certified to him for review, the alien or other party affected shall be given notice of such certification. Except as otherwise provided in this chapter, a case shall not be certified until an initial decision has been made and no appeal has been taken. If it is known at the time of making the initial decision that the case will be certified, the notice of certification shall be inIcluded in such decision and no further notice of certification shall be required. If it is not known until after the initial decision was made that the case will be certified, the district director 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 regional commissioner and of the right to submit a brief, if desired. for consideration by the regional commissioner. The brief shall be submitted to such district director for transmittal to the regional commissioner within ten days from receipt of the notice of certification, unless, for good cause shown, the district director or the regional commissioner extends the time within which the brief may be submitted. The party affected may waive the submission of such brief. The record of the case shall be certified and forwarded to the regional commissioner by the district director upon receipt of the brief, or 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.

§ 7.16 Fees. Except as otherwise provided in this section, a notice of appeal filed under this part shall be accompanied by a fee of $10 as prescribed by, and remitted in accordance with, the provisions of Part 2 of this chapter. In any case in which an alien or other party affected is unable to pay the fee for an appeal, he shall file with the notice of appeal his affidavit stating the nature of the appeal, the affiant's belief that he is entitled to redress, his inability to pay the required fee, and requesting permission to prosecute the appeal without prepayment of such fee. If such an affidavit is filed, the officer of

the Service from whose decision the appeal is taken shall, if he believes that the appeal is not taken in good faith, certify in writing his reasons for such belief for consideration by the regional commissioner. The regional commissioner may, in his discretion, authorize the prosecution of any such appeal without prepayment of fee.

Part 8-Reopening and Reconsideration

Sec.

8.1

8.2

Reopening and reconsideration.

Reopening of suspension cases pending in Congress.

8.11 Motion to reopen or reconsider. AUTHORITY: §§ 8.1 to 8.11 issued under sec. 103, 66 Stat. 173; 8 U. S. C. 1103.

SOURCE: §§ 8.1 to 8.11 appear at 22 F. R. 9774, Dec. 6, 1957.

§ 8.1 Reopening and reconsideration. Except as provided in § 6.2 of this chapter, a hearing or examination in any proceeding provided for in this chapter may be reopened or the decision made therein reconsidered for proper cause at the instance of, or upon motion made by the party affected and granted by the regional commissioner, if the decision in the case was made by him, or if the case is before him for review; or the district director, if the decision in the case was made by such officer, unless the record in the case previously was forwarded to the Board or to the regional commissioner; or the special inquiry officer, if he has ordered suspension of deportation and the regional commissioner has approved the granting of suspension but final action in the case has not been taken by Congress; or the special inquiry officer, in any other case in which the decision was made by him, unless the record in the case previously was forwarded to the Board or to the regional commissioner. A motion to reopen or a motion to reconsider shall not be made by or in behalf of a person who is the subject of deportation proceedings subsequent to his departure from the United States. Any departure of such person from the United States occurring after the making by him of a motion to reopen or a motion to reconsider shall constitute a withdrawal of such motion.

the Assistant Commissioner, Inspections and Examinations Division, prior to January 3, 1955) has approved the granting of suspension, and final action in the case has not been taken by Congress, may be reopened by the special inquiry officer for proper cause upon motion made by the district director having administrative jurisdiction over the place where the proceeding was conducted. A motion to reopen which is granted by the special inquiry officer in a suspension case pending before Congress shall be conditioned upon withdrawal of the case from the list of suspension cases referred to Congress.

§ 8.11 Motion to reopen or reconsider—(a) Filing. When the alien is the moving party, a motion to reopen or to reconsider shall be filed in duplicate with the district director of the place where the proceeding was conducted for transmittal to the officer having jurisdiction to act on the motion, as provided in § 8.1. In any case in which an examining officer has appeared before a special inquiry officer, the district director shall immediately forward a copy of the alien's motion to such examining officer. When an officer of the Service is the moving party, a copy of the motion shall be served on the alien or other party in interest, as provided in §§ 292.11 and 292.12 of this chapter, and the motion, together with proof of service, shall be filed directly with the officer having jurisdiction to act on the motion. The party opposing the motion shall have ten days from the date of service thereof within which he may submit a brief. In his discretion, for good cause shown, the officer having jurisdiction to act on the motion may extend the time within which such brief may be submitted. If the officer who originally decided the case is unavailable, the motion may be referred to another officer in the district or region having jurisdiction over the subject matter and authorized to act in such cases. 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 for reconsideration and shall be supported by such precedent decisions as are pertinent. A motion not complying fully with this section shall not be accepted and shall be returned to the moving party with a brief statement of the reason for its return. The filing of a motion to reopen or a motion

to reconsider under this part shall not serve to stay the execution of any decision made in the case. Execution of such decision shall proceed unless a stay is specifically granted by the district director of the place where the proceeding was conducted.

(b) Ruling on motion. Rulings upon motions to reopen or motions to reconsider shall be by written decision. If the decision directs a reopening, the record shall be returned to the district director having administrative jurisdiction over the place where the reopened proceedings are to be conducted. If the motion to reconsider is granted, the original decision shall be reconsidered at the time of, and by the officer, granting such motion. The decision upon such reconsideration shall affirm, modify, or reverse the original decision made in the

case.

(c) Notice of reopened hearing or examination. In any case in which a hearing or examination is reopened as provided in Part 6 of this chapter or this part, a notice of hearing or examination shall be served on the party affected in the same manner and form as the notice required for the original hearing or examination.

(d) Reopened hearing or examination. The reopened hearing or examination shall be conducted and further action taken in the proceedings as provided in this chapter for the conduct of the original hearing or examination.

(e) Appeal. The decision upon a motion to reopen or a motion to reconsider shall be final, subject to the limitations imposed by § 6.1 (b) (2) of this chapter.

(f) Fees. Except as otherwise provided in this paragraph, a motion filed under this part by any person other than an officer of the Service shall be accompanied by a fee specified by, and remitted in accordance with, the provisions of Part 2 of this chapter. In any case in which an alien or other party affected is unable to pay the fee for a motion, he shall file with the motion his affidavit stating the nature of the motion, the affiant's belief that he is entitled to redress, his inability to pay the required fee, and request permission to prosecute the motion without prepayment of such fee. If such an affidavit is filed, the district director having administrative jurisdiction over the place where the proceedings were conducted shall, if he believes that the motion is not made in

good faith, certify in writing his reasons for such belief for consideration by the officer having jurisdiction to act on the motion as provided in § 8.1. The officer having jurisdiction to act on the motion may, in his discretion, authorize the prosecution of any such motion without prepayment of fee.

Part 9-Authority of Commissioner, Regional Commissioners, and Assistant Commissioners

Sec.

9.1

9.2

9.3

9.4

9.5

Authority of Commissioner.
Authority of Assistant Commissioner,
Examinations Division.

Authority of Assistant Commissioner,
Investigations Division.

Authority of Assistant Commissioner,
Enforcement Division.

Authority of Assistant Commissioner,
Administrative Division.

9.5a Authority of Regional Commissioners.
9.5b Authority of District Directors.
9.6 Reservation of authority.

AUTHORITY: §§ 9.1 to 9.6 issued under sec. 103, 66 Stat. 173; 8 U. S. C. 1103. Interpret or apply sec. 332, 66 Stat. 252; 8 U. S. C. 1443.

SOURCE: §§ 9.1 to 9.6 appear at 22 F. R. 9774, Dec. 6, 1957.

§ 9.1 Authority of Commissioner—(a) General. Under the general direction of the Attorney General, the Commissioner is authorized and directed to supervise and direct the administration of the Service, and, subject to the limitations contained in section 103 of the Immigration and Nationality Act and Part 6 of this chapter, to administer and enforce the Immigration and Nationality Act and all other laws relating to immigration, naturalization, and nationality; and for such purposes he is authorized to exercise or perform any of the powers, privileges, and duties conferred or imposed upon the Attorney General thereby, including the authority to promulgate regulations under Subchapters B, and C of this chapter.

(b) Designation and appointment of special inquiry officer. The Commissioner may designate, select, and appoint as a special inquiry officer any immigration officer whom he deems specially qualified to exercise the powers and perform the duties of a special inquiry officer as set forth in the Immigration

and Nationality Act and this chapter. The Commissioner shall issue to each officer so appointed a certificate under his signature bearing the seal of the Service. Such certificate shall state, and shall be accepted in any proceeding as evidence, that the officer to whom the certificate is issued has the authority to exercise the powers and perform the duties of a special inquiry officer as provided in the Immigration and Nationality Act and in this chapter.

§ 9.2 Authority of Assistant Commissioner, Examinations Division. The powers, privileges, and duties conferred or imposed upon officers or employees of the Service under this chapter with respect to the inspections, examinations, and hearing programs of the Service, are hereby conferred or imposed upon the Assistant Commissioner, Examinations Division, including:

(a) Applications for waiver of ground of inadmissibility as provided in section 212 (d) (3) of the Immigration and Nationality Act and Part 212 of this chapter, but only in those cases where recomsuch applications have been mended by the Secretary of State or by a consular officer.

(b) Final determinations regarding qualifications of aliens for the benefits of section 212 (a) (28) (I) (ii) of the Immigration and Nationality Act.

§ 9.3 Authority of Assistant Commissioner, Investigations Division. The powers, privileges, and duties conferred or imposed upon officers or employees of the Service under this chapter with respect to the investigation programs of the Service are hereby conferred or imposed upon the Assistant Commissioner, Investigations Division.

§ 9.4 Authority of Assistant Commissioner, Enforcement Division. The powers, privileges, and duties conferred or imposed upon officers or employees of the Service under this chapter with respect to the border patrol, detention, deportation, and parole programs of the Service are hereby conferred or imposed upon the Assistant Commissioner, Enforcement Division.

§ 9.5 Authority of Assistant Commissioner, Administrative Division. The function of requesting information from other Government agencies regarding the identity and location of aliens as provided for in sections 290 (b) and (c) of the Immigration and Nationality Act

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