IMMIGRATION LAWYER - IMMIGRATION ATTORNEY- IMMIGRATION LAW FIRM
TITLE 8--ALIENS AND NATIONALITY
CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
PART 1_DEFINITIONS--Table of Contents
Sec. 1.1 Definitions.
Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 U.S.C. 301; Public Law
107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
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 after that date mean the Bureau of
Citizenship and Immigration Services, the Bureau of Customs and Border
Protection, and the Bureau of Immigration and Customs Enforcement.
(d) The term Commissioner means the Commissioner of the Immigration
and Naturalization Service prior to March 1, 2003. Unless otherwise
specified, references after that date mean the Director of the Bureau of
Citizenship and Immigration Services, the Commissioner of the Bureau of
Customs and Border Protection, and the Assistant Secretary for the
Bureau of Immigration and Customs Enforcement.
(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 application 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 Sec. Sec. 292.1(a) (2), (3), (4), (5),
(6), and 292.1(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.
(l) 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.
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(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.
(o) The terms director or district director prior to March 1, 2003,
mean the district director or regional service center director, unless
otherwise specified. On or after March 1, 2003, pursuant to delegation
from the Secretary of Homeland Security or any successive re-delegation,
the terms mean, to the extent that authority has been delegated to such
official: service center director; special agent in charge; field office
director; district director for services; district director for interior
enforcement; or director, field operations. The terms also mean such
other official, including an official in an acting capacity, within the
Bureau of Citizenship and Immigration Services, the Bureau of Customs
and Border Protection, the Bureau of Immigration and Customs
Enforcement, or other component of the Department of Homeland Security
who is delegated the function or authority above referenced for a
particular geographic district, region, or area.
(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, or
removal.
(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 Sec. 242.1 of this chapter as it
existed prior to April 1, 1997.
(s) The term Service counsel means any immigration officer assigned
to represent the Service 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 noted, means the
Department of Homeland Security.
(v) The term Secretary, unless otherwise noted, means the Secretary
of Homeland Security.
(w) The term Bureau means generally, unless otherwise noted, the
Bureau of Citizenship and Immigration Services, the Bureau of Customs
and Border Protection, and the Bureau of Immigration and Customs
Enforcement, as created by the Homeland Security Act of 2002, as
amended, Pub. L. 107-296, November 25, 2002, 116 Stat. 2135, and the
President's Reorganization Plan, as modified.
(x) The term BCIS means the Bureau of Citizenship and Immigration
Services.
(y) The term CBP means the Bureau of Customs and Border Protection.
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(z) The term ICE means the Bureau of Immigration and Customs
Enforcement.
[23 FR 9115, Nov. 26, 1958, as amended at 30 FR 14772, Nov. 30, 1965; 34
FR 12213, July 24, 1969; 38 FR 8590, Apr. 4, 1973; 40 FR 23271, May 29,
1975; 48 FR 8039, Feb. 25, 1983, 52 FR 2936, Jan. 29, 1987; 53 FR 30016,
Aug. 10, 1988; 61 FR 18904, Apr. 29, 1996; 62 FR 10330, Mar. 6, 1997; 63
FR 19383, Apr. 20, 1998; 68 FR 10923, Mar. 6, 2003; 68 FR 35275, June
13, 2003]
