8 CFR § 1239.3 - Effect of filing notice to appear.

---
identifier: "/us/cfr/t8/s1239.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 1239.3 - Effect of filing notice to appear."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "1239.3"
section_name: "Effect of filing notice to appear."
chapter_name: "EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "1239"
part_name: "INITIATION OF REMOVAL PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1103, 1221, 1229."
regulatory_source: "62 FR 10366, Mar. 6, 1997, unless otherwise noted. Duplicated from part 239 at 68 FR 9838, Feb. 28, 2003."
cfr_part: "1239"
---


# 1239.3 Effect of filing notice to appear.

The filing of a notice to appear shall have no effect in determining periods of unlawful presence as defined in section 212(a)(9)(B) of the Act.