Section 1239.1 - Notice to appear(a)Commencement. Every removal proceeding conducted under section 240 of the Act (8 U.S.C. 1229a ) to determine the deportability or inadmissibility of an alien is commenced by the filing of a notice to appear with the immigration court. For provisions relating to the issuance of a notice to appear by an immigration officer, or supervisor thereof, see 8 CFR 239.1(a) .(b)Service of notice to appear. Service of the notice to appear shall be in accordance with section 239 of the Act.62 FR 10366, Mar. 6, 1997, as amended at 67 FR 39258 , June 7, 2002; 69 FR 44907 , July 28, 2004